Bail Granted to Police Constables on Grounds of Parity in NDPS Act Case Despite Pending Bail Cancellation for Co-Accused SHO: Rajasthan High Court - 2025-07-23

Rajasthan High Court Grants Bail to Two Constables in NDPS Case, Citing Parity with Co-Accused SHO

JODHPUR, RAJASTHAN – The High Court of Judicature for Rajasthan at Jodhpur has granted bail to two police constables, Hanuman Ram and Suresh Kumar, who were arrested in connection with allegedly manipulating an investigation under the Narcotic Drugs and Psychotropic Substances (NDPS) Act. The decision, delivered by Hon'ble Mr. Justice Mukesh Rajpurohit, hinged on the principle of parity, as the main co-accused, the then Station House Officer (SHO) Smt. Seema Jakhar, had already been granted bail.

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Background of the Case

The case originates from F.I.R. No. 143/2021 registered at Police Station Barlot, District Sirohi. The petitioners, Hanuman Ram and Suresh Kumar, were serving as constables at the station. According to the prosecution's allegations, a police team had recovered a large quantity of contraband (poppy straw) from an abandoned vehicle.

However, the petitioners, allegedly in connivance with their superior, SHO Smt. Seema Jakhar, accepted an illegal gratification of Rs. 10 lakhs from other co-accused individuals. In return, they allegedly manipulated the investigation, allowed the drug traffickers to escape, and falsified official records (Rojnamcha) to report that the suspects had fled the scene.

The constables were booked under Sections 27-A (financing illicit traffic) and 59 (failure of officer in duty) of the NDPS Act, along with Section 221 of the Indian Penal Code (IPC) for intentionally omitting to apprehend an offender.

Arguments Before the Court

Counsel for the Petitioners: Mr. Vishal Sharma and Mr. Vijay Raj Bishnoi, representing the constables, argued primarily on the grounds of parity. They highlighted that the primary co-accused, SHO Smt. Seema Jakhar, had already been enlarged on bail by a Co-ordinate Bench of the High Court in July 2022. They also pointed out that another co-accused, Hemaram, was granted bail in February 2022.

The defense counsel further submitted that the charge sheet (challan) has been filed, meaning the investigation is complete. They assured the court that the petitioners, being public servants, posed no flight risk. Given that the petitioners have been in judicial custody since July and September 2024 respectively, and the trial is expected to be lengthy, they prayed for the benefit of bail.

Counsel for the State: Learned Public Prosecutor, Mr. H.S. Jodha, vehemently opposed the bail applications. He informed the court that the State has challenged the bail granted to SHO Seema Jakhar by filing a bail cancellation application (S.B. CRLBC No.75/2024), which is pending consideration before the High Court. The prosecutor argued that while the petitioners were subordinate to the SHO, they were equally responsible for the commission of the serious offence.

Court's Rationale and Decision

After considering the rival submissions, Justice Mukesh Rajpurohit found merit in the petitioners' plea. The court's decision was based on several key factors:

• Parity with Co-Accused: The court noted that the main co-accused, Smt. Seema Jakhar, and another co-accused, Hema Ram, have already been granted bail.
• Completion of Investigation: The charge sheet has been filed, reducing the risk of tampering with evidence.
• Trial Duration: The trial is expected to take a considerable amount of time, and prolonged pre-trial detention was deemed unnecessary.
• Custody Period: The court took into account the period the petitioners had already spent in judicial custody.

In its order, the court stated:

"Having considered the rival submissions, facts and circumstances of the case, considering the fact that the charge sheet has already been filed, co-accused Smt. Seema Jakhar and Hema Ram have already been enlarged on bail, trial of the case will take sufficiently long time and looking to the custody period of the petitioners, without expressing any opinion on merits/demerits of the case, this Court is inclined to enlarge the petitioners on bail."

Consequently, the bail applications were allowed. Hanuman Ram and Suresh Kumar are to be released on furnishing a personal bond of Rs. 1,00,000/- and two sureties of Rs. 50,000/- each.

The court, however, added a crucial rider, making the bail conditional on the outcome of the SHO's bail cancellation plea. It clarified that if any adverse order is passed in the pending application against Smt. Seema Jakhar, the Public Prosecutor would be at liberty to seek cancellation of the present bail granted to the constables.