Rajasthan High Court - Jodhpur
Amrik Singh vs State Of Rajasthan (2025:Rj-Jd:17812) on 7 April, 2025
Author: Kuldeep Mathur
Bench: Kuldeep Mathur
[2025:RJ-JD:17812]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 4194/2025
Amrik Singh S/o Shri Jarnail Singh, Aged About 39 Years, R/o
Palla Megha Police Station Sadar Firozpur District Firozpur
Punjab (Confined In Bhatinda Jail)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Sanjay Bishnoi
For Respondent(s) : Mr. Urja Ram Kalbi, PP
HON'BLE MR. JUSTICE KULDEEP MATHUR
Order 07/04/2025 This fourth application for bail under Section 483 BNSS has been filed by the petitioner who has been arrested in connection with FIR No.22/2017 registered at Police Station Gajsinghpur, District Sri Ganganagar, for offences under Sections 8/21, 25 and 29 of the NDPS Act.
Learned counsel submitted that as per the prosecution, on 04.03.2017, Sub Inspector, BSF, saw certain suspicious persons near the barricades on the special surveillance devices and upon reaching at the spot, recovered contraband (heroin) weighing 2 Kgs in 2 plastic bags. Upon searching the entire area and during the course of investigation, the petitioner was arrested.
Learned counsel for the petitioner further submitted that the co-accused persons namely Gurbachhan Singh @ Bachhan Singh (S.B. Criminal Miscellaneous Bail Application No.11810/2024) and (Downloaded on 07/04/2025 at 09:53:54 PM) [2025:RJ-JD:17812] (2 of 4) [CRLMB-4194/2025] Kulbir Singh @ Sarpanch (S.B. Criminal Miscellaneous Bail Application No.3646/2025) have already been enlarged on bail by this Court vide orders dated 07.03.2025 and 26.03.2025 respectively.
Learned counsel for the petitioner submitted that the petitioner has been falsely implicated in this case. Learned counsel submitted that the petitioner is in judicial custody since 29.11.2019. He further submitted that till date, out of total 26 cited prosecution witnesses, only 3 prosecution witnesses have been examined before competent Criminal Court. He further submitted that the delay in trial is not at all attributable to the petitioner. He submitted that the petitioner is in judicial custody since last more than 05 years 04 months and looking to the pace at which trial is being conducted against the present petitioner, the same is not likely to be concluded in near future.
In support of his contention, learned counsel for the petitioner placed reliance on the cases of Rabi Prakash Vs. State of Orisa (Leave to Appeal (Criminal) No.4169/2023 and Mohd Muslim @ Hussain Vs. State (NCT of Delhi) in Special Leave Petition (Crl.) No(s).915 of 2023.
On these grounds, he implored the Court to enlarge the petitioner on bail.
Per contra, learned Public Prosecutor has vehemently opposed the bail application and submitted that petitioner is facing trial for the offence under the NDPS Act and, therefore, the present bail application deserves to be rejected straightway. Learned Public Prosecutor, however, was not in position to refute (Downloaded on 07/04/2025 at 09:53:54 PM) [2025:RJ-JD:17812] (3 of 4) [CRLMB-4194/2025] the fact that in last more than 05 years 04 months, out of total 26 cited prosecution witnesses, only 3 prosecution witnesses have been examined till date.
Heard learned counsel for the petitioner and the learned Public Prosecutor. Perused the material available on record.
Having considered the rival submissions, facts and circumstances of the case and considering the fact that the petitioner has suffered incarceration for last more than 05 years 04 months and out of total 26 cited prosecution witnesses, only 3 prosecution witnesses have been examined till date, thus without expressing any opinion on merits/demerits of the case, this Court is of the opinion that the bail application filed by the petitioner deserves to be accepted.
Accordingly, the fourth bail application under Section 483 BNSS. is allowed and it is ordered that the accused-petitioner- Amrik Singh S/o Shri Jarnail Singh shall be enlarged on bail in connection with FIR No.22/2017 registered at Police Station Gajsinghpur, District Sri Ganganagar, provided he furnishes a personal bond in the sum of Rs.1,00,000/- with two sureties of Rs.50,000/- each to the satisfaction of the learned trial Judge for his appearance before the court concerned on all the dates of hearing as and when called upon to so.
In case, the petitioner remains absent on any date of hearing or makes an attempt to delay the trial by seeking unnecessary adjournments, it shall be taken as a misuse of concession of bail granted to him by this Court. The prosecution, in such a situation, shall be at liberty to move (Downloaded on 07/04/2025 at 09:53:54 PM) [2025:RJ-JD:17812] (4 of 4) [CRLMB-4194/2025] an application seeking cancellation of bail granted to the petitioner today by this Court.
It is however, made clear that findings recorded/observations made above are for limited purposes of adjudication of bail application. The trial court shall not get prejudiced by the same.
(KULDEEP MATHUR),J 284-divya/-
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