Rajasthan High Court – Jodhpur
Pushpendra Singh vs State Of Rajasthan (2025:Rj-Jd:13638) on 11 March, 2025
Author: Kuldeep Mathur
Bench: Kuldeep Mathur
[2025:RJ-JD:13646]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 322/2025
Sunil S/o Balveer Jat, Aged About 37 Years, R/o Kheru Badi ,p.s.
Hamirwas Tehsil Sadulpur Dist Churu. (At Present Lodged In Dist
Jail Chittorgarh)
----Petitioner
Versus
Union Of India, Ncb
----Respondent
Connected With
S.B. Criminal Miscellaneous Bail Application No. 11279/2024
Sanjay Singh S/o Sh. Surjeet Singh Jat, Aged About 40 Years, R/
o Kherubadi, Ps Hameerbas, Teh.sadulpur, (Rajgarh) Dist. Churu,
Raj. (Lodged In Dist. Jail Chittortgarh)
----Petitioner
Versus
Union Of India, Through Ncb
----Respondent
For Petitioner(s) : Mr. Aashish Jakhar
Mr. Vikas Bijarnia
Mr. Puna Ram Sen
For Respondent(s) : Mr. M.R. Pareek, Spl. PP, NCB
HON'BLE MR. JUSTICE KULDEEP MATHUR
Order
11/03/2025
These applications for bail under Section 439 Cr.P.C. have
been filed by the petitioners who have been arrested in connection
with FIR No.13/2021 registered at Police Station NCB, Jodhpur, for
offences under Sections 8/20, 8/25 and 8/29 of the NDPS Act.
Learned counsel submitted that as per the prosecution,
during naakabandi, on 01.09.2021, a team of Police Station NCB,
(Downloaded on 12/03/2025 at 09:47:01 PM)
[2025:RJ-JD:13646] (2 of 4) [CRLMB-322/2025]
Jodhpur stopped a truck bearing registration No.GJ-06-AZ-0698.
Upon a search being made, the police team recovered contraband
(poppy husk/straw) weighing 347 Kgs. 480 Gms. from 9 packets.
The petitioners were arrested on the spot.
Learned counsel for the petitioners submitted that the
petitioners have been falsely implicated in this case. Learned
counsel submitted that the petitioners are in judicial custody since
04.09.2021. They further submitted that out of total 10 cited
prosecution witnesses, only 6 prosecution witnesses have been
examined before competent Criminal Court. They further
submitted that the delay in trial is not at all attributable to the
petitioners. They submitted that the petitioners are in judicial
custody since last more than 3 years and 6 months and looking to
the pace at which trial is being conducted against the present
petitioners, the same is not likely to be concluded in near future.
Learned counsel further submitted that no case of similar nature is
pending against the present petitioners.
In support of their contention, learned counsel for the
petitioners 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.
On these grounds, they implored the Court to enlarge the
petitioners on bail.
Per contra, learned Public Prosecutor has vehemently
opposed the bail applications and submitted that petitioners are
facing trial for the offence under the NDPS Act and, therefore, the
(Downloaded on 12/03/2025 at 09:47:01 PM)
[2025:RJ-JD:13646] (3 of 4) [CRLMB-322/2025]
present bail applications deserve to be rejected straightway.
Learned Public Prosecutor, however, was not in position to refute
the fact that in last more than 3 years and 6 months, out of total
10 cited prosecution witnesses, only 6 witnesses have been
examined till date.
Heard learned counsel for the petitioners and the learned Public
Prosecutor. Perused the material available on record.
Having considered the rival submissions, facts and
circumstances of the case and considering the fact that the
petitioners have suffered incarceration for last more than 3 years
and 6 months and out of total 10 cited prosecution witnesses, only
6 witnesses have been examined till date and that no case of
similar nature is pending against the petitioners, without
expressing any opinion on merits/demerits of the case, this Court
is of the opinion that the bail applications filed by the petitioners
deserve to be accepted.
Accordingly, these bail applications under Section 439 Cr.P.C.
are allowed and it is ordered that the accused-petitioners- (1)
Sunil S/o Balveer Jat and (2) Sanjay Singh S/o Sh. Surjeet
Singh Jat shall be enlarged on bail in connection with FIR
No.13/2021 registered at Police Station NCB, Jodhpur, provided
each of them 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 their appearance before
the court concerned on all the dates of hearing as and when called
upon to so.
(Downloaded on 12/03/2025 at 09:47:01 PM)
[2025:RJ-JD:13646] (4 of 4) [CRLMB-322/2025]
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.
It is however, made clear that findings recorded/observations
made above are for limited purposes of adjudication of bail
application. The trial court shall not get prejudiced by the same.
A copy of this order be placed in each file.
(KULDEEP MATHUR),J
235-236 divya/-
(Downloaded on 12/03/2025 at 09:47:01 PM)
Powered by TCPDF (www.tcpdf.org)