Rajasthan High Court – Jodhpur
Sukha Ram vs State Of Rajasthan (2025:Rj-Jd:32956) on 25 July, 2025
[2025:RJ-JD:32956]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 3250/2025
Sukha Ram S/o Mangi Lal, Aged About 42 Years, R/o Bhaisana,
Police Station Sojat Road, Dist. Pali (Raj.)
(At Present Lodged At Dist. Jail, Pali)
----Petitioner
Versus
State Of Rajasthan, Through PP
----Respondent
For Petitioner(s) : Mr. Divakar Sharma
For Respondent(s) : Mr. Hanuman Prajapati, PP
HON'BLE MR. JUSTICE MUKESH RAJPUROHIT
Order
25/07/2025
This application for bail under Section 483 of BNSS (439
Cr.P.C.) has been filed by the petitioner who has been arrested in
connection with F.I.R. No.50/2022 registered at Police Station
Siriyari, District Pali, for offences under Sections 8/18 and 25 of
the NDPS Act.
Heard learned counsel for the petitioner and learned Public
Prosecutor. Perused the material available on record.
Learned counsel for the petitioner submits that the out of 20
prosecution witnesses only 5 witnesses have been examined till
date. He further submits that the delay in not at all attributable to
the present petitioner. It is contended on behalf of the accused-
petitioner that no case of alleged offence is made out against the
petitioner and he is in judicial custody since 25.03.2022 (3 year,
04 months, and 01 day as on today) and looking to the pace at
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which trial is being conducted against the present petitioner, the
same is not likely to be conducted in the near future. 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
petitioner placed reliance on the judgment rendered by the
Hon’ble Supreme Court in 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.
Learned counsel has further placed reliance on the judgment
of Honb’le Supreme Court in the case of Balwinder Singh Vs.
State of Punjab & Anr. (Special Leave to Appeal (Crl.)
No.8523/2024), in which, while granting bail it has been
observed as under:
“9. The incident in the present case occurred on 25.06.2020 and the
petitioner was arrested soon thereafter on 26.06.2020. By now, 6 co-
accused have been granted bail. As the prosecution wishes to
examine 17 more witnesses, the trial is unlikely to conclude on a
near date.
10. Considering the above and to avoid the situation of the trial
process itself being the punishment particularly when there is
presumption of innocence under the Indian jurisprudence, we deem it
appropriate to grant bail to the petitioner – Balwinder Singh. It is
ordered accordingly. Appropriate bail conditions be imposed by the
learned trial court.”
Learned counsel for the petitioner has also placed reliance on
the judgment passed by a Co-ordinate Bench of this Court in
Avtar Singh Vs. State Of Rajasthan [S.B. Criminal
Miscellaneous Bail Application No. 13483/2024], decided on
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22.05.2025, 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.
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 petitioner submits that the charge-
sheet has already been filed and the petitioner is currently facing
trial, therefore, on these grounds, he implore the court to enlarge
the petitioner on bail.
Per contra, learned Public Prosecutor has opposed the bail
application and submitted that looking to the nature of allegation
and seriousness of the offence, the petitioner does not deserve
indulgence of bail. However, he is not in a position to dispute the
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[2025:RJ-JD:32956] (4 of 4) [CRLMB-3250/2025]fact that the petitioner is in custody since 25.03.2022 (3 year, 04
months, and 01 day as on today).
Having considered the rival submissions, overall facts and
circumstances of the case, considering the fact that the petitioner
has suffered incarceration for more than 3 years and out of total
20 cited witnesses, only 5 witnesses has been examined till date,
thus, without expressing any opinion on merits of the case, this
Court deems it just and proper to enlarge the petitioner on bail.
Consequently, the bail application under Section 483 of BNSS
(439 Cr.P.C.) is allowed. It is ordered that the accused-petitioner
Sukha Ram S/o Mangi Lal, arrested in connection with F.I.R.
No.50/2022 registered at Police Station Siriyari, District Pali, shall
be released on bail, if not wanted in any other case, provided he
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 his
appearance before that court on each & every date of hearing and
whenever called upon to do so till completion of the trial.
(MUKESH RAJPUROHIT),J
150-Hanuman/-
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