[2025:RJ-JD:20593]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous 2^nd Bail Application No. 2591/2025 Vinod S/o Mohan Lal, Aged About 17 Years, R/o Sadi, P.s. Sadas, Dist Chittorgarh.monor Through His Natural Guardian Father Mohan Lal S/o Pyara, R/o Sadi , P.s. Sadas Dist Chittorgarh (Raj)

(Presently Lodged In Observation Home Dist Bhilwara)

----Petitioner Versus State of Rajasthan, Through PP.

----Respondent For Petitioner(s) : Mr. Shiv Kumar Bhati For Respondent(s) : Mr. Narendra Gehlot, PP with Mr. Om Prakash Choudhary HON'BLE MR. JUSTICE KULDEEP MATHUR

Order

28/04/2025

1. This second application for bail under Section 483 of BNSS (439 of Cr.P.C.) has been filed by the petitioner who has been arrested in connection with FIR No.05/2024 registered at Police Station Mandal, District Bhilwara, for offences under Sections 8/15 of the NDPS Act.

2. Learned counsel submitted that as per the prosecution, during routine nakabandi, on 03.01.2024, a team of Police Station Mandal, District Bhilwara flagged down an unnumbered Alto Car and found the petitioner to be the driver of the said car. Upon a search being made, contraband (poppy husk/straw) weighing 75.770 kgs was recovered from the offending vehicle. He was arrested on the spot.

3. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in this case. Learned counsel further submitted that the petitioner is in judicial custody since 03.01.2024. He further submitted that till date, out of total 20 cited prosecution witnesses, only 04 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 01 years 03 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.

4. 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. Learned counsel further submitted that the petitioner does not have any criminal antecedents.

5. On these grounds, he implored the Court to enlarge the petitioner on bail.

6. 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 the fact that in last more than 01 years 03 months, out of total 20 cited prosecution witnesses, only 04 prosecution witnesses have been examined till date.

7. Heard learned counsel for the petitioner and the learned Public Prosecutor. Perused the material available on record.

8. 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 01 years 03 months and out of total 20 cited prosecution witnesses, only 04 prosecution witnesses have been examined till date, 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.

9. Accordingly, the second bail application under Section 483 of BNS (439 of Cr.P.C.) is allowed and it is ordered that the accused- petitioner- Vinod S/o Mohan Lal shall be enlarged on bail in connection with FIR No.05/2024 registered at Police Station Mandal, District Bhilwara, 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