Rajasthan High Court – Jodhpur
Mancha Ram vs State Of Rajasthan (2025:Rj-Jd:32242) on 22 July, 2025
[2025:RJ-JD:32242]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 6301/2025
Ashok S/o Hariram, Aged About 32 Years, Motaniya Nagar Police
Station Matoda District Phalodi Rajasthan (Lodged In Central Jail
Jodhpur)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
Connected With
S.B. Criminal Miscellaneous Bail Application No. 286/2025
Mancha Ram S/o Ruparam, Aged About 37 Years, R/o Kudachi,
P.s. Khinvsar, Dist Nagaur (At Present Lodged At Central Jail
Jodhpur)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Bhagirath Ray Bishnoi
Mr. Ravinder Kumar Charan
Mr. Abhishek Kumar Charan
For Respondent(s) : Mr. Hanuman Prajapati, PP
HON'BLE MR. JUSTICE MUKESH RAJPUROHIT
Order
22/07/2025
These applications for bail under Section 483 of BNSS (439
Cr.P.C.) have been filed by the petitioners who have been arrested
in connection with F.I.R. No.285/2023 registered at Police Station
Khedapa, District Jodhpur Rural for offences under Sections 8/15,
25 of the NDPS Act.
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[2025:RJ-JD:32242] (2 of 4) [CRLMB-6301/2025]
Heard learned counsel for the petitioners and learned Public
Prosecutor. Perused the material available on record.
Learned counsel for the petitioners submits that no case of
alleged offence is made out against the petitioners. It is further
submitted that out of total 14 cited prosecution witnesses, the
statement of only 2 witnesses have been recorded so far by the
trial Court. While it’s true that, there is a fetter under Section 37
of the NDPS Act regarding grant of bail to an accused having
illegal possession of commercial quantity of contraband but a
fundamental right of speedy trial to him cannot be permitted to be
flouted.
In support of his contention, learned counsel for the
petitioners has placed reliance on the judgment passed by a Co-
ordinate Bench of this Court in S.B. Criminal Miscellaneous Bail
Application No. 13483/2024, wherein, while allowing the bail
application, it was observed as under:
“7. 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.
8. Considering the overall facts and circumstances of the
case and the fact that petitioner is behind the bars for
around more than two years thus, looking to the fact
that there is high probability that the trial may take long
time to conclude and given the flagrant non-compliance
with these mandatory provisions, this Court finds that
the continued detention of the petitioner is not justified
thus it is deemed suitable to grant the benefit of bail to
the petitioner.
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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.Learned counsel for the petitioners submits that the challan
has already been filed in this matter and the petitioners are in
custody since 27.12.2023 (more than 1 Year 6 Months) and the
trial of the case will take sufficiently long time, therefore, the
benefit of bail may be granted to the accused-petitioners.
Per contra, learned Public Prosecutor has vehemently
opposed the bail applications and submitted that as per the NDPS
Act, the commercial quantity of Poppy Husk/Straw is 50 Kg;
however, the quantity of narcotic contraband Poppy Husk/Straw
recovered in this matter is 97.700 Kg, which is above than the
prescribed commercial quantity, therefore, the benefit of bail may
not be granted to them.
Having considered the rival submissions, facts and
circumstances of the case, after perusing the record, and looking
to the custody period of the petitioners and considering that the
trial of the case will take sufficiently long time, without expressing
any opinion on merits/demerits of the case, this Court is inclined
to enlarge the petitioners on bail.
Consequently, these bail applications under Section 483 of
BNSS (439 Cr.P.C.) are allowed. It is ordered that the accused-
petitioners Ashok S/o Hariram and Mancha Ram S/o
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[2025:RJ-JD:32242] (4 of 4) [CRLMB-6301/2025]Ruparam, arrested in connection with F.I.R. No.285/2023
registered at Police Station Khedapa, District Jodhpur Rural, shall
be released on bail, if not wanted in any other case, provided each
of them furnishes a personal bond of Rs.1,00,000/- and two
sureties of Rs.50,000/- each, to the satisfaction of learned trial
court, for their appearance before that court on each & every date
of hearing and whenever called upon to do so till completion of the
trial.
In case, the petitioners remain absent on any date of
hearing or make an attempt to delay the trial by seeking
unnecessary adjournments, it shall be taken as a misuse of
concession of bail granted to them by this Court. The
prosecution, in such a situation, shall be at liberty to move
an application seeking cancellation of bail granted to the
petitioners today by this Court.
(MUKESH RAJPUROHIT),J
41-42-JatinS/-
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