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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
KULDEEP MATHUR, J
Derawar Singh – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
(KULDEEP MATHUR, J.)
1. This application for bail under Section 439 Cr.P.C. (483 BNSS) has been filed by the petitioner who has been arrested in connection with F.I.R. No.48/2021, registered at Police Station Girab, District Barmer, for offences under Sections 8/21, 24, 25 and 29 of NDPS Act.
2. Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.
3. Learned counsel for the petitioner submitted that co-accused persons namely Kalu Singh and Khat Singh (S.B. Criminal Miscellaneous Bail Application No. 4/2025) have already been enlarged on bail by this Court vide order dated 24.01.2025. Learned counsel further contended that the petitioner is in judicial custody since 08.07.2024 and till date out of 27 cited prosecution witnesses, none of the cited prosecution witnesses have been examined before the competent criminal Court.
4. Drawing attention of the Court towards the daily order sheets of the competent criminal Court below, learned counsel submitted that delay in trial is not attributable to the present petitioner. Learned counsel submitted that in the last more than 3 years and 6 months, none of the prosecution witnes
Prolonged incarceration and lack of witness examination can justify bail under the NDPS Act, overriding statutory restrictions.
Prolonged incarceration without timely trial is a substantial factor for granting bail, regardless of the nature of charges.
Prolonged incarceration and insufficient trial progress can justify the grant of bail under Section 439 of the Cr.P.C.
Prolonged incarceration without trial may justify the granting of bail under Section 439, emphasizing the right to a speedy trial.
The right to a speedy trial under Article 21 of the Constitution takes precedence over statutory restrictions on bail, especially when the accused has been in custody for an unreasonable period.
Prolonged judicial custody and lack of prosecution witness examination justify granting bail under the NDPS Act.
Prolonged incarceration and delays in trial can justify bail under Section 439 Cr.P.C., emphasizing the right to a speedy trial under Article 21.
Prolonged pre-trial detention without significant progress in prosecution can justify bail under the NDPS Act, emphasizing the importance of timely trials.
The court granted bail due to lack of evidence against the petitioner and the lengthy trial duration, emphasizing the need for substantial grounds to question the prosecution's case.
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