Rajasthan High Court - Jodhpur
Bhagwanaram vs State Of Rajasthan (2024:Rj-Jd:16947) on 19 April, 2024
Author: Kuldeep Mathur
Bench: Kuldeep Mathur
[2024:RJ-JD:16947]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous III Bail Application No. 4218/2024
Bhagwanaram S/o Pukharam, Aged About 40 Years, R/o Jaamba
Ke Dhani, Police Thana Jamba Haal Keshav Nagar, Bhomiya Ke
Mandir, Malar Road, Falodi, Police Thana Falodi. (At Present
Lodged In Sub Jail Falodi)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Bhanwaru Ram
For Respondent(s) : Mr. A.R. Choudhary, PP
HON'BLE MR. JUSTICE KULDEEP MATHUR
Order 19/04/2024 This third application for bail under Section 439 Cr.P.C. has been filed by the petitioner who has been arrested in connection with F.I.R. No.158/2022 registered at Police Station Phalodi, District Jodhpur, for offences under Sections 8/15 & 25 of the NDPS Act.
Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.
Learned counsel submitted that the petitioner has been falsely implicated in the present case. Learned counsel for the petitioner submitted that as per the prosecution contraband (Poppy Husk/straw) weighing 1 Qntl. 5 kg and 700 grams was recovered from an open space (bada) situated adjacent to the residential house of the petitioner. Learned counsel further submitted that the contraband was not recovered from the (Downloaded on 22/04/2024 at 08:36:50 PM) [2024:RJ-JD:16947] (2 of 3) [CRLMB-4218/2024] conscious possession of the present petitioner. It was urged that no documents to establish ownership of the place of recovery has been obtained/procured by the investigating agency.
Lastly, learned counsel submitted that the petitioner has no criminal antecedents; the petitioner is in custody since 22.12.2022 and till date, out of the total 20 cited prosecution witnesses, only 3 witnesses have been examined before the competent criminal court; and the delay in trial is not at all attributable to the present petitioner.
On the strength of these arguments learned counsel submitted that the petitioner deserves to be enlarged on bail.
Per contra, learned Public Prosecutor has vehemently opposed the bail application.
Having considered the rival submissions, facts and circumstances of the case, this Court prima facie finds that contraband greater than commercial quantity was not recovered from the conscious possession of the present petitioner. The contraband was recovered from an open place (bada) situated beside the residential house of the petitioner and the investigating agency has not procured any document to establish the fact that the petitioner is the owner of the said bada. This Court also prima facie finds that the petitioner is in judicial custody since 22.12.2022 and till date out of 20 cited prosecution witnesses, statements of only 3 cited witnesses have been recorded before the competent criminal court; the delay in trial before the competent criminal court is not at all attributable to the present (Downloaded on 22/04/2024 at 08:36:50 PM) [2024:RJ-JD:16947] (3 of 3) [CRLMB-4218/2024] petitioner; and the petitioner does not have any criminal antecedents.
This Court is also of the opinion that twin conditions of Section 37 of the NDPS Act are duly satisfied in the present case. Thus, without expressing any opinion on merits/demerits of the case, this Court is inclined to enlarge the petitioner on bail.
Consequently, the bail application under Section 439 Cr.P.C. is allowed. It is ordered that the accused-petitioner Bhagwanaram S/o Pukharam arrested in connection with F.I.R. No.158/2022 registered at Police Station Phalodi, District Jodhpur, shall be released on bail, if not wanted in any other case, provided he furnishes a personal bond of Rs.1,00,000/- and two sureties of Rs.50,000/- each, to the satisfaction of learned trial court, for his appearance before that court on each & every date of hearing and whenever called upon to do so till completion of the trial.
(KULDEEP MATHUR),J 22-mohit/-
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