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2019 DIGILAW 216 (RAJ)

Ramesh Chandra v. State of Rajasthan, Through PP

2019-01-17

SANDEEP MEHTA

body2019
JUDGMENT 1. Heard learned counsel for the petitioner and learned Public Prosecutor and perused the material available on record. 2. This third bail application under Section 439 CrPC has been preferred on behalf of petitioner Ramesh Chandra, who is in custody in connection with FIR No. 272/2016 registered at Police Station Bilara, District Jodhpur. 3. The petitioner is in custody since 22.07.2016. While rejecting the second bail application submitted on behalf of the petitioner, the trial court was directed to expedite the trial. As per Mr. Bishnoi, not even a single witness has been examined after rejection of the earlier bail application filed on behalf of the accused petitioner. As per the Investigating Officers factual report available on record, no other case for the offence under the NDPS Act has been registered against the petitioner till date. Mr. Bishnoi contended that the petitioner has available to him strong grounds to challenge the recovery proceedings because the sampling procedure adopted by the Investigating Officer is faulty and contrary to the mandatory procedure. He, thus, urges that the petitioner deserves to be released on bail. 4. Learned Public Prosecutor vehemently opposed the submissions advanced by Mr. Bishnoi. However, he too does not dispute the fact that not even a single witness has been examined in the trial court for last nearly eight months since the second bail application bearing No. 3797/2018 was rejected by this court vide order dated 15.05.2018. 5. Considering the over all facts and circumstances as available on record and the fact that the quantity of poppy straw recovered is 84 kg. and the significant difference in weight noticed when the memorandum under Section 52-A of the NDPS Act was prepared, this court feels that the accused has available to him, substantial grounds so as to question the prosecution case. Thus and keeping in view the prolonged custody period suffered by the accused petitioner, he deserves to be enlarged on bail. 6. Consequently, the bail application is allowed. It is ordered that the accused-petitioner Ramesh Chandra S/o Shri Bagdu Ram arrested in connection with F.I.R. No. 272/2016 registered at Police Station Bilara, District Jodhpur shall be released on bail; provided he furnishes a personal bond of Rs. 1,00,000/- and two surety bonds of Rs. 6. Consequently, the bail application is allowed. It is ordered that the accused-petitioner Ramesh Chandra S/o Shri Bagdu Ram arrested in connection with F.I.R. No. 272/2016 registered at Police Station Bilara, District Jodhpur shall be released on bail; provided he furnishes a personal bond of Rs. 1,00,000/- and two surety bonds of Rs. 50,000/- each to the satisfaction of the learned trial court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so.