[2023:RJ-JD:39644]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc. Bail Application No. 10893/2023 Kaku Singh S/o Sh. Pritam Singh, Aged About 25 Years, Dhani Latkanwali, Amarpura Rathan, P.S. Pilibanga, Dist. Hanumangarh (At Present Lodged In Sub Jail, Suratgarh, Dist. Sriganganagar).

----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Himmat Jagga For Respondent(s) : Mr. Arun Kumar, Public Prosecutor JUSTICE DINESH MEHTA

Order

20/11/2023

1. The present bail application has been filed by the applicant under Section 439 of the Cr.P.C. in connection with FIR No. 321/2019, registered at Police Station Suratgarh Sadar, District Sriganganagar for the offences under section 8/22, 25 and 29 of Narcotic Drugs and Psychotropic Substances Act, 1985.

2. While admitting the quantity recovered from the present applicant which is commercial, learned counsel for the applicant submitted that the applicant is behind the bars since 25.11.2019 and out of 21 witnesses only 9 witnesses have been examined so far. He pointed out that the co-accused Subhash Chander has been enlarged on bail by the co-ordinate Bench of this Court vide its order dated 09.11.2023 passed in S.B. Cr. Misc. Bail Application No. 10731/2022, on the ground of prolonged trial.

3. Learned counsel for the applicant argued that the applicant’s right of fair and speedy trial is being prejudiced and that he is entitled to be enlarged on bail on the basis of the principles laid down by Hon’ble the Supreme Court in the cases of Rabi Prakash vs. The State of Odisha : Special Leave to Appeal (Crl.) No. 4169/2023 and Mohd. Muslim @ Hussain vs. State (NCT of Delhi) reported in 2023 SCC Online SC 352.

4. Learned Public Prosecutor opposed the bail application by contending that the co-accused Subhash Chander was not apprehended with the contraband substance, and therefore, applicant's case cannot be equated with him inasmuch as the applicant was apprehended with the possession of contraband substances.

5. Heard learned counsel for the parties and perused the order dated 09.11.2023 passed in the case of co-accused Subhash Chander (supra).

6. In the opinion of this Court, the fact that the co-accused Subhash Chander was not apprehended on the spot and was subsequently apprehended hardly makes any difference in the present case inasmuch as the quantity of contraband substance recovered from the present applicant so also Subhash Chander was commercial and that while enlarging the co-accused Subhash Chander on bail, the co-ordinate Bench has relied upon the judgment of Hon'ble Supreme Court rendered in the case of Mohd. Muslim @ Hussain (supra), which applies on all fours in the present case as well.

7. Hence looking to the fact that the applicant is behind the bars for more than three years and that the co-accused (Subhash Chander) has already been enlarged on bail by a coordinate Bench of this Court and considering the law laid down by Hon’ble the Supreme Court in the cases of Rabi Prakash vs. The State of Odisha : Special Leave to Appeal (Crl.) No. 4169/2023 and Mohd. Muslim @ Hussain vs. State (NCT of Delhi) reported in 2023 SCC Online SC 352, this Court is persuaded to enlarge the present applicant on bail.

8. Consequently, the present bail application is allowed and it is ordered that applicant Kaku Singh S/o Shri Pritam Singh arrested in connection with FIR No. 321/2019, registered at Police Station Suratgarh Sadar, District Sriganganagar shall be released on bail on his furnishing personal bond in the sum of Rs.1,00,000/- and two sureties of Rs.50,000/- each to the satisfaction of the learned trial Court.

9. Applicant shall be required to appear before the trial Court on all dates of hearing and as and when called upon to do so.

(DINESH MEHTA),J

792-Mak/-