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Rajasthan High Court – Jodhpur
Rakesh vs State Of Rajasthan (2025:Rj-Jd:35441) on 8 August, 2025
Author: Farjand Ali
Bench: Farjand Ali
[2025:RJ-JD:35441]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous 4th Bail Application No. 5130/2025
Rakesh, S/o Sohanram Resident Of Banwarla, Police Station
Dangiyawas, District Jodhpur (Presently Lodged In District Jail
Jodhpur)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Ms. Shobha Prabhakar
For Respondent(s) : Mr. S.S. Rathore, Dy.G.A.
HON'BLE MR. JUSTICE FARJAND ALI
Order
08/08/2025
1. The jurisdiction of this court has been invoked by way of
filing an application under Section 439 CrPC at the instance of
accused-petitioner. The requisite details of the matter are
tabulated herein below:
S.No. Particulars of the Case 1. FIR Number 102/2023 2. Concerned Police Station Dangiyawas 3. District Jodhpur city East 4. Offences alleged in the FIR Sections 332, 353 & 307 of the IPC and Sections 8/15 of the NDPS Act; Sections 7/27 and 3/25 (1-B)(a) of the Arms Act 5. Offences added, if any - 6. Date of passing of impugned 17.04.2025 order
2. on 09.07.2023, at about 03:20 hours, Mr. B. Aditya, IPS
(Probationer), SHO Police Station Dangiyawas, along with his
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team, was conducting a blockade near Dantiwada bridge. A Creta
car (Registration No. GJ 18 BP 7396) approaching at high speed
from Kaparada side was signaled to stop. The driver attempted to
run over the police team with intent to kill. A stop stick was
deployed, bursting the tyres, and the vehicle was pursued and
intercepted in front of Bisalpur Shri Gopal Gaushala Sanwariya
Dham. Three occupants were in the car. One person alighted,
fired, and fled; the driver identified himself as Fusaram, and the
co-passenger as Rakesh. The absconding person was identified as
Surendra. A search of the vehicle, conducted as per law, yielded
300.5 kilograms of illicit poppy husk in 16 sacks, two live
cartridges from the dashboard box, two number plates (RJ 27 CJ
8095) from beneath the driver’s seat, and three empty cartridge
cases consistent with the reported firing. After usual investigation,
the petitioner has been arrested and since then he is behind the
bars. His third bail application being SBCRLMB No.8770/2024 has
been dismissed by this Court vide order dated 06.11.2024. Hence
the instant bail application.
3. It is contended on behalf of the accused-petitioner that no
case for the alleged offences is made out against him and his
incarceration is not warranted. There are no factors at play in the
case at hand that may work against grant of bail to the accused-
petitioner and he has been made an accused based on conjectures
and surmises.
4. Contrary to the submissions of learned counsel for the
petitioner, learned Public Prosecutor opposes the bail application
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and submits that the present case is not fit for enlargement of
accused on bail.
5. I have heard and considered the submissions made by both
the parties and perused the material available on record.
6. Perusal of the testimony of PW-4, the Investigating Officer,
unequivocally indicates that the petitioner Rakesh, is a young man
of merely 23 years of age and belongs to an economically
disadvantaged background. The mobile tower location data for the
entire period in question places him within the confines of his
native village. In contrast, the geolocation of the other co-accused
who prima facie appear to be the principal offenders does not
correspond with that of the petitioner, and his name does not
emerge in any material implicating him in their company prior to
the occurrence. The record further reveals that the other accused
had arrived from a different location approximately thirty minutes
before the alleged incident, whereas the petitioner had merely
availed a lift in the vehicle in question. There exists no admissible
evidence establishing that the contraband was in his conscious
possession, that he had procured or disposed of it, or that he was
in any manner engaged in its transportation.
7. Considering the overall facts and circumstances of the case
and the fact that trial will take a further long time to reach to its
conclusion; in the absence of such incriminating material, and
given that the petitioner has already undergone incarceration for
the past two years, the evidentiary deficit justifies his enlargement
on bail.
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8. In Rabi Prakash Vs. State of Odisha passed in Special
leave to Appeal (Crl.) No.(s) 4169/2023, Hon’ble the Apex Court
has again passed an order dated 13th July, 2023 dealing this
issue and has held that the provisional liberty(bail) overrides the
prescribed impediment in the statute under Section 37 of the
NDPS Act as liberty directly hits one of the most precious
fundamental rights envisaged in the Constitution, that is, the
right to life and personal liberty contained in Article 21.
9. It is nigh well settled law that at a pre-conviction stage; bail
is a rule and denial from the same should be an exception. The
purpose behind keeping an accused behind the bars during trial
would be to secure his presence on the day of conviction so that
he may receive the sentence as would be awarded to him.
Otherwise, it is the rule of Crimnal Jurisprudence that he shall be
presumed innocent until the guilt is proved.
10. Accordingly, the instant bail application under Section 439
Cr.P.C. is allowed and it is ordered that the accused-petitioner as
named in the cause title shall be enlarged on bail provided he
furnishes a personal bond in the sum of Rs.50,000/- with two
sureties of Rs.25,000/- 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 do so.
(FARJAND ALI),J
42-Mamta/-
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