Ramdhan vs State Of Rajasthan

Kuldeep Mathur, J

This fifth application for bail under Section 439 Cr.P.C. has been filed by the petitioner who has been arrested in connection with F.I.R. No.423/2020, registered at Nayashahar, District Bikaner, for offence under Section 8/15 of the NDPS Act.

The fourth bail application of the petitioner was dismissed by this Court vide order dated 14.07.2023.

Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.

Learned counsel for the petitioner submitted that the petitioner is in judicial custody from 19.03.2021. Learned counsel submitted that as per prosecution, on 22.10.2020, contraband (poppy husk / straw) weighing 58 Kg 900 gram was recovered from a car having registration No.RJ-07-CA-9570.

Learned counsel submitted that there is nothing on record to establish that the contraband recovered belongs to the present petitioner. Learned counsel submitted that the alleged recovery of 58 Kg 900 gram poppy husk / straw, is marginally higher than the commercial quantity. Learned counsel submitted that the petitioner does not have any criminal antecedents. It was further urged that the petitioner is in judicial custody from last about three years. The delay in trial is not attributable to the petitioner and therefore, the petitioner deserves to be enlarged on bail.

Reliance was placed on the orders passed in S.L.P. (Criminal) No.5769 of 2023 titled as Nitish Adhikari @ Bapan Vs. State of West Bengal decided on 01.08.2022 and S.L.P. (Criminal) No.4173 of 2023 titled as Shariful Islam @ Sharif Vs. State of West Bengal decided on 04.08.2022. The petitioner is in judicial custody from 19.03.2021 and the trial of the case will take sufficiently long time, therefore, the benefit of bail should be granted to the accused-petitioner.

Per contra, learned Public Prosecutor has opposed the bail application.

Having considered the rival submissions, facts and circumstances of the case, challan papers, and statements of Bhawani Singh (P.W.-1), Navneet (P.W.-2), Kishanlal (P.W.-3) and Namita (P.W.-4), this Court prima facie finds that the contraband was not recovered from the conscious possession of the petitioner. This Court also prima facie finds that the contraband (poppy husk / straw) weighing 58 Kg and 900 grams was allegedly recovered by the police during its routine checking on Bikaner – Poormal Road. The contraband recovered in the present case is marginally higher than the commercial quantity.

This Court also prima facie finds that the petitioner is in judicial custody from 19.03.2021 and he does not have any criminal antecedents. The petitioner cannot be kept in incarceration for a longer period of time during the trial particularly when the delay in trial is not attributable to him. Thus, without expressing any opinion on merits/demerits of the case, this Court is inclined to enlarge the petitioner on bail.

Consequently, the fifth bail application under Section 439 Cr.P.C. is allowed. It is ordered that the accused-petitioner Ramdhan S/o Shri Basti Ram arrested in connection with F.I.R. No.423/2020, registered at Nayashahar, District Bikaner, 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.