The court considered the lengthy trial process and absence of other pending cases in granting bail to the accused-petitioner for the offense under the NDPS act.

JUDGMENT

Devendra Kachhawaha, J. - The present bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner, who is in judicial custody in connection with F.I.R. No. 78/2022, Police Station Jaitaran, District Pali, registered for the offence under Section 8/18 of the Narcotic Drugs and Psychotropic Substances (NDPS) act, 1985.

2. Heard learned counsel for the petitioner as well as learned Public Prosecutor. Perused the material available on record.

3. Learned counsel for the petitioner stated that as per the prosecution, 2783 plants of the contraband (i.e., Opium) from the accused-petitioner; that no other case has been registered/pending against the accused-petitioner; that the accused-petitioner was arrested from Hyderabad; that the accused-petitioner is in judicial custody since 21.02.2022; Learned counsel also stated that as per the Note No.3 appearing below the Table appended to NDPS act, cultivation of opium poppy is covered under Clause (c) of Section 18 of the NDPS act and thus, obviously the restrictions contained in Section 37 of the NDPS act would not be attracted to such offence. Learned counsel for the petitioner further stated that in identical matters, benefit of bail has been granted by this Court. In support of his arguments, learned counsel has placed copies of orders passed by this Court in the cases of Jaganath Vs. State of Rajasthan (Bail application No. 5008/2021, decided on 06.05.2021) and Shobharam Vs. State of Rajasthan (bail application No. 5446/2021, decided on 07.05.2021). With these submissions, learned counsel for the petitioner prayed that the benefit of bail may be granted to the accused-petitioner.

4. Per contra learned Public Prosecutor has opposed the bail application of the accused-petitioner but does not controvert the arguments advanced by the learned counsel for the accused-petitioner.

5. Having regard to the facts and circumstances of the case and particularly considering the orders passed by this Court, as referred above and co-ordinate Bench of this Court in S.B. Criminal Misc. Bail application No.5837/2021 titled as 'Deraj Ram S.o Sh. Himmta Ram V/s State of Rajasthan' dated 05.05.2021, S.B. Criminal Misc. Bail application No.4405/2020 titled as 'Labhchand Dhakad S/o Shri Badrilal Dhakad' dated 08.06.2020, S.B. Criminal Misc. Bail application No.4049/2018 titled as 'Kanaram S/o Shri aaduram V/s State of Rajasthan' dated 26.04.2018, S.B. Criminal Misc. Bail application No.3820/2021 titled as Mang Singh S/o Ram Singh V/s State of Rajasthan' dated 01.04.2021, S.B. Criminal Misc. Bail application No. 4173/2021 titled as 'Vachangiree Chela Ratangiree S/o Jabarji V/s State of Rajasthan' dated 25.03.2021 and S.B. Criminal Misc. Bail No. 2539/2017 titled as 'Prem Singh S/o Bhopal Singh V/s Sate of Rajasthan' dated 09.05.2017, as placed for Court's perusal; that the accused-petitioner is under incarceration since 21.02.2022; that the trial will take sufficiently long time, therefore, without expressing any opinion on the merits/demerits of the case, this Court is of the opinion that the bail application filed by the petitioner deserves to be accepted.

6. Consequently, the bail application is allowed. It is ordered that the petitioner, Chiman Singh S/o Mohan Singh, arrested in connection with F.I.R. No. 78/2022, Police Station Jaitaran, District Pali, shall be released on bail if not wanted in any other case; provided he furnishes a personal bond of Rs.1,00,000/- with two sound and solvent sureties of Rs.50,000/- each to the satisfaction of the learned trial court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so.