Ramesh Kumar vs State Of Rajasthan

Dinesh Mehta, J

The present second bail application has been filed by the applicant under Section 439 of the Cr.P.C. seeking regular bail in connection with FIR No. 216/2020 registered at Police Station Srikaranpur, District Sri Ganganagar for the offences under Sections 8/22 and 29 of Narcotic Drugs and Psychotropic Substances Act, 1985.

Learned counsel for the applicant submitted that the applicant is behind the bars for about 3 years and 3 months and the trial is proceeding at very slow pace due to which applicant’s right of speedy trial is being infringed

Learned counsel invited Court’s attention towards the order sheets of the trial court and submitted that out of 17 prosecution witnesses, only two witnesses have been examined so far and the matter is being adjourned for want of presence of co-accused Ashok Kumar and the prosecution witnesses.

Learned Public Prosecutor opposed the applicant’s prayer by contending that substantial quantity of contraband substance was recovered from the conscious possession of the present applicant.

Heard learned counsel for the parties and perused the copy of proceedings of the trial court.

On perusal of the proceedings of the trial court, it is revealed that out of 17 prosecution witnesses only two witnesses have been examined so far and the matter is being adjourned for no fault of the applicant, as submitted above by the learned counsel for the applicant.

This Court is, therefore, of the considered view that applicant's right of speedy trial is being infringed and in light of the law 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, the present applicant is entitled to be enlarged on bail.

Consequently, the bail application filed under Section 439 Cr.P.C. is allowed. The applicant Ramesh Kumar S/o Sukha Ram arrested in connection with the FIR No. 216/2020 registered at Police Station Srikaranpur, District Sri Ganganagar 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.