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2021 DIGILAW 909 (RAJ)

Deraj Ram v. State of Rajasthan

2021-05-05

PUSHPENDRA SINGH BHATI

body2021
ORDER 1. In the wake of second surge in the COVID-19 cases, the Court is functioning virtually and abundant caution is being maintained for the safety of all concerned. 2. Heard learned counsel for the parties and perused the material available on record. 3. The petitioner has been arrested in connection with FIR No.31/2021 of Police Station Sarwana, District Jalore for the offence punishable under Sections 8/15 & 18 of NDPS Act. He has preferred this bail application under Section 439 Cr.P.C. 4. Learned counsel for the petitioner has pointed out the order dated 1.4.2021 passed by a Coordinate Bench of this Court in S.B. Crl. Misc. Bail Application No.4007/2021, which reads as follows :- "The present bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner Bhagirath Ram S/o Shri Hardasram, who is in custody in relation to F.I.R.No.71/2021, Police Station Dechu, District Jodhpur, for the offence under Section 8/18 of the NDPS Act. Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record. The petitioner was apprehended with an allegation of cultivating 386 opium plants in his agricultural field. The offence alleged is punishable under Section 18 (c) of the NDPS Act with rigorous imprisonment which may extend to ten years. Thus, restrictions contained in Section 37 of the NDPS Act do not operate against the petitioner. As per the case diary, no other case under the NDPS Act has previously been registered against the petitioner. Investigation and trial are likely to consume time. In view of above and having regard to the entirety of facts and circumstances as available on record and upon a consideration of the arguments advanced at the Bar, this Court is of the opinion that the petitioner deserves to be enlarged on bail. Consequently, the bail application is allowed. It is ordered that the accused-petitioner namely Bhagirath Ram S/o Shri Hardasram arrested in connection with F.I.R. No.71/2021, Police Station Dechu, District Jodhpur shall be released on bail; provided he furnishes a personal bond of Rs.50,000/- and two surety bonds of Rs.25,000/- 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." 5. Learned P.P. opposes the bail application but is unable to distinguish anything from the aforesaid judgment. 6. Learned P.P. opposes the bail application but is unable to distinguish anything from the aforesaid judgment. 6. This Court takes note of the fact that in the present case, there are 293 opium plants whereas in the aforesaid case, there were 386 opium plants and other position regarding law is similar. Though in the humble opinion of this Court, the Union of India has to take a stand regarding plants and for which an order has been passed by which, learned ASG Mr. Mukesh Rajpurohit was directed to file affidavit, which is yet to come. However, custody of the petitioner at this stage when the covid situation is aggravated and also the aforesaid judgment is there for consideration of this Court, is not warranted. 7. Having regard to the totality of the facts and circumstances of the case as also the fact that conclusion of the proceedings is likely to take some time and without expressing any opinion on the merits of the case, this Court deems it just and proper to grant bail to the accused petitioner under Section 439 Cr.P.C. 8. Accordingly, this bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner Deraj Ram S/o Sh. Himmta Ram shall be released on bail in connection with FIR No.31/2021 of Police Station Sarwana, District Jalore provided he executes a personal bond in a sum of Rs.50,000/- with two sound and solvent sureties of Rs.25,000/- each to the satisfaction of learned trial court for his appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial. 9. However, this Court is awaiting the affidavit of Union of India whereby further consideration on the law point shall be made.