Rajasthan High Court – Jodhpur
Megha Ram vs State Of Rajasthan (2025:Rj-Jd:25371) on 22 May, 2025
Author: Farjand Ali
Bench: Farjand Ali
[2025:RJ-JD:25371]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 12162/2024
Kamlesh Kumar S/o Sh. Baburam, Aged About 30 Years, R/o
Ward No. 07, Hanuman Sagar, Chakhu, Phalodi, Raj. (Lodged In
Dist. Jail Hanumangarh)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
Connected With
S.B. Criminal Miscellaneous Bail Application No. 923/2024
Megha Ram S/o Bhanwar Lal, Aged About 24 Years, R/o Jato Ka
Mohalla, Reda, Sandwa Ps, Dist. Churu. (Lodged In Dist Jail,
Hanumangarh)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
S.B. Criminal Miscellaneous Bail Application No. 1304/2025
Vikas Godara @ Vickky S/o Shri Raghuveer, Aged About 30
Years, R/o Kumharo Wali Dhani , Tehsil And Dist Hanumangarh
(At Present Lodged In Dist Jail Hanumangarh)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. B.R. Bishnoi
Mr. D.S. Thind
For Respondent(s) : Mr. Surendra Bishnoi, AGA
HON'BLE MR. JUSTICE FARJAND ALI
Order
22/05/2025
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1. The jurisdiction of this court has been invoked by way of
filing an applications under Section 439 CrPC at the instance of
accused-petitioners. The requisite details of the matter are
tabulated herein below:
S.No. Particulars of the Case
1. FIR Number 310/2023
2. Concerned Police Station Sadar, Hanumangarh
3. District Hanumangarh
4. Offences alleged in the FIR Section 8/15 & 25 of the
NDPS Act
5. Offences added, if any –
6. Date of passing of impugned 19.07.2024
order (SBCRLMB No.12162/2024)
6. Date of passing of impugned 13.10.2023
order (SBCRLMB No.923/2024)
6. Date of passing of impugned 20.05.2024
order (SBCRLMB No.1304/2025)
2. Briefly, on 23.09.2023 at 8:50 A.M., Sukhwinder Singh, Sub
Inspector and Acting SHO of Police Station Hanumangarh,
recovered a total of 111 kg of poppy husk from the joint
possession of the applicant/accused Kamlesh Kumar, accused
Vikas Godara alias Vicky, and Megharam. The contraband was
found concealed in three black bags (each containing 18 kg) and
three colorful checkered plastic thread bags (each containing 19
kg) placed on the middle and rear folding seats of Scorpio car
number RJ-43-TA-0360 near Shersingh Wali Dhani on the link road
from Hanumangarh to Sri Ganganagar main road towards
Uttamsinghwala.
2.1. Following spot proceedings, a case was registered under
Sections 8/15 and 25 of the NDPS Act , and the applicants were
arrested and produced before the court, after remand sent them
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to judicial custody. Charge sheets were filed against the
applicants. The applicants bail application under Section 439 CrPC
were rejected by the trial court on 19.07.2024. hence, these bail
applications.
3. It is contended on behalf of the accused-petitioners that no
case for the alleged offences is made out against them and their
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-
petitioners and they have been made an accused based on
conjectures and surmises.
4. Contrary to the submissions of learned counsel for the
petitioners, learned Public Prosecutor opposes the bail application
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. The petitioners are in custody since September 2023 in
connection with the recovery of 111 kg of poppy husk. Learned
counsel for the petitioners have pointed out certain discrepancies
and contradictions in the statements of the prosecution witnesses
so also highlighted non-compliance of the mandatory provisions,
particularly Sections 42 and 52A of the NDPS Act, along with a
serious violation of Standing Order No. 1 of 1989.
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
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[2025:RJ-JD:25371] (4 of 4) [CRLMB-12162/2024]
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. At present, out
of the total 18 projected witnesses, only a few have been
examined, and the trial is likely to take a long time to conclude.
Therefore, this Court finds it just and proper to allow the instant
bail application.
8. 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
they may receive the sentence as would be awarded to them.
Otherwise, it is the rule of Crimnal Jurisprudence that he shall be
presumed innocent until the guilt is proved.
9. Accordingly, the instant bail applications under Section 439
Cr.P.C. are allowed and it is ordered that the accused-petitioners
as named in the cause title shall be enlarged on bail provided each
of them 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 their appearance before the court concerned on all
the dates of hearing as and when called upon to do so.
(FARJAND ALI),J
8-Mamta/-
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