Kailash vs State Of Rajasthan

Dinesh Mehta, J

This 2nd application for bail has been filed by the applicant under section 439 of the Cr.P.C. in connection with FIR No.568/2020, registered at Police Station Sangriya, District Hanumangarh for the offence punishable under section 8/15 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

The first bail application preferred by the applicant being S.B. Criminal Miscellaneous Bail Application No.11482/2021 has been dismissed by a Co-ordinate Bench of this Court vide order dated 27.08.2021, as not pressed with liberty to file a fresh bail application after recording the statements of Investigating Officer/Seizure Officer.

Mr. Godara, learned counsel for the applicant argued that the applicant is suffering incarceration since 02.12.2020 and even after lapse of three years, the trial has not concluded. He added that out of 17 witnesses, evidence of only 5 witnesses have been recorded.

Inviting Court’s attention towards the proceedings of the trial Court, learned counsel for the applicant pointed out that no adjournment was taken at the instance of the present applicant and it is only because of the prosecution or its witnesses, the matter has been adjourned.

He submitted that the applicant’s right of speedy trial has been infringed and thus, he be enlarged on bail.

Learned Public Prosecutor on the other hand vehemently opposed the bail application by stating that huge quantity of poppy straw (282 kg) was recovered from the conscious possession of the present applicant and thus, no indulgence be granted to the present applicant.

Having heard learned counsel for the parties and considering that the trial of the case is proceeding at snail’s pace and there is no other case of like nature pending against the present applicant, this Court is of the view that the applicant is entitled to be enlarged on bail on the basis of principles laid down by Hon’ble the Supreme Court in the cases of Rabi Prakash Vs. The State of Odisha : Special Leave to Appeal(Crl.) No.4169/2023 and Mohd. Muslim @ Hussain vs. State (NCT of Delhi) reported in 2023 SCC Online SC 352.

Consequently, the second bail application filed under section 439 Cr.P.C. is allowed. The applicant Kailash S/o Reshmaram, arrested in connection with FIR No.568/2020, registered at Police Station Sangriya, District Hanumangarh shall be released on bail on his furnishing personal bond in the sum of Rs.1,00,000/- and two sureties of Rs.50,000/- each to the satisfaction of the trial Court.

Applicant shall be required to appear before that Court on all dates of hearing and as and when called upon to do so.