Sadik Ali vs State Of Rajasthan

Dinesh Mehta, J

This application for bail has been filed by the applicant under Section 439 of the Cr.P.C. in connection with FIR No.334/2019 registered at Police Station Balesar, District Jodhpur Gramin for the offence under Section 8/15 of the NDPS Act.

Mr. Bishnoi, learned counsel for the applicant submitted that both the present applicant and the co-accused Mohammed Ashfaq were allegedly found to posses contraband substances and the said co-accused has been enlarged on bail by this Court vide an order dated 17.10.2023 in S.B. Criminal Miscellaneous Bail Application No. 3604/2023. While emphasizing that the case of the present applicant is exactly identical to the co-accused, learned counsel prayed that similar indulgence be granted to the applicant as well.

Learned Public Prosecutor is not in a position to dispute the aforesaid position.

While accepting bail application of Mohammed Ashfaq in S.B. Criminal Miscellaneous Bail Application No. 3604/2023 on 17.10.2023, this Court has observed thus:-

Pursuant to the direction given by this Court on 26.09.2023, the trial Court has sent a report dated 04.10.2023. On perusal of the report, this Court finds that the case of the applicant is being tried in the NDPS Court No.2 and such Court is lying vacant and an additional charge has been given to one Raj Kumar Sharma, Judge, NDPS Court No.1. On perusal of the report it is also clear that statement of only one witness out of list of 14 has so far been recorded.

Having gone through the facts and circumstances of the case and considering that only one witness out of total 14 witnesses has been examined and realizing that in the present case, the trial is likely to take long time, this Court is inclined to grant indulgence.

In view of the above and following the judgments of Hon’ble the Supreme Court passed 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, this Court is persuaded to grant bail to the applicant. Consequently, the bail application filed under Section 439 of the Cr.P.C. is allowed.

Consequently, the present bail application filed under Section 439 of the Cr.P.C. is also allowed.

The applicant Sadik Ali S/o Sri Makshood Ali arrested in connection with FIR No.334/2019 registered at Police Station Balesar, District Jodhpur Gramin for the offence under Section 8/15 of the NDPS Act 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 the trial Court on all dates of hearing and as and when called upon to do so.

Needless to mention that the above observations made by this Court are on the basis of material so far produced before the Court. These are only prima-facie observations and the same shall however, not come in the way of the trial Court to take independent view of the matter, based on ocular and oral evidence, while finally deciding the case.