Allowed

Anaul Ansari S/O Shri Amid Miya B/C Muslim v. State of Rajasthan

Rajasthan HC14 May 2020CRLMB/899/2020

Case brief

AI extract

What is this about?

This High Court bench granted regular bail to an accused charged with offences under the NDPS Act via a bail application under Section 439 Cr.P.C. The court considered arguments regarding the accused's prior identity misrepresentation and history of jumping bail but deemed it fit to release him on furnishing a personal bond and two sureties.

What did the court decide?

Accused released on bail with a personal bond of Rs.1,00,000/- and two sureties of Rs.50,000/- each.

Anaul Ansari S/O Shri Amid Miya B/C Muslim Vs State of… — Narcotics (NDPS) | Rajasthan HC (2020)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

¶2

S.B. Criminal Miscellaneous Bail Application No. 899/2020

¶3

Anaul Ansari S/o Shri Amid Miya, R/o Vill. Dhanwasa Ps Rameshwar Dist. Dumka (Jharkhand) At Present House Of Vishnu Muslim Mochi Mohalla Ajmer (At Present Confined In Central Jail Ajmer)

¶4

----Petitioner

¶5

Versus

¶6

State Of Rajasthan, Through Pp

¶7

----Respondent For Petitioner(s) : Mr. Devanshu Sharma (through VC) For Respondent(s) : Mr. Mangal Singh Saini, PP Mr. Hempal, SHO, PS-Dargah-Ajmer

¶8

HON'BLE MR. JUSTICE MANOJ KUMAR VYAS

¶9

Order

¶10

14/05/2020

¶11

This Criminal Misc. Bail Application has been brought under Section 439 of Cr.P.C., seeking regular bail in connection with F.I.R. No. 22/2015 registered with Police Station Dargah, Ajmer for offence under Section 8/20 NDPS Act.

¶12

Heard learned counsel for the accused petitioner through video conferencing and perused the record.

¶13

It has been argued on behalf of the petitioner that due to confusion of ID of the accused-petitioner at the time of his arrest his name was entered wrongly as Sanaul Ansari while his actual name was Anaul Ansari. He was granted bail by the Co-ordinate Bench of this Court. Thereafter, he jumped bail during trial and was re-arrested. At the time of re-arrest, it came to the

¶14

(2 of 3)

¶15

[CRLMB-899/2020]

¶16

knowledge of the Court that initially accused was arrested and he mis-represented his identity and thereafter got arrested in the name of his brother and now after enquiry it has been found out that the actual accused is Anaul Ansari who initially by misrepresentation got entered name of his brother. Now he is in custody since October, 2019. He was already on bail granted by this Court. He will abide by the conditions imposed by the Court and will not jump during trial. No other case under NDPS Act is pending against him. The recovered quantity is less than commercial quantity, which is 20 gm “charas” and 2 kg “ganja”.

¶17

Learned Public Prosecutor has opposed the bail application and has argued that accused-petitioner initially deliberately misrepresented the police and the Court. Hence his chances of regularly appearing in the Court during trial are not good. Hence, his bail application may be rejected.

¶18

I have considered the contentions.

¶19

On consideration of arguments/submissions of both the parties, perusal of material on record and looking to the facts and circumstances of the case, but without commenting upon detailed merits of the case, this court deems it fit to enlarge the accused on bail.

¶20

Therefore, the bail application is allowed. Accused-petitioner Anaul Ansari S/o Shri Amid Miya shall be released on bail in FIR No. 22/2015 registered with Police Station Dargah, Ajmer , if he is not wanted in any other case, provided he furnishes a personal bond in the sum of Rs.1,00,000/- (Rupees One Lac) together with two sureties in the sum of Rs.50,000/- (Rupees Fifty

¶21

(3 of 3) [CRLMB-899/2020]

¶22

Thousand) each to the satisfaction of the learned trial court with the stipulation that he shall appear before that Court and any court to which the matter is transferred, on all subsequent dates of hearing and as and when called upon to do so.

¶23

(MANOJ KUMAR VYAS),J

¶24

Sunita Kanwar /1

Anaul Ansari S/O Shri Amid Miya B/C Muslim v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Anaul Ansari S/O Shri Amid Miya B/C Muslim v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Mohan Singh S/O Shri Shriram B/C Jat Vs State of Rajasthan

Mohammad Salman S/O Liyakat Ali B/C Musalman Vs State of Rajasthan

Joni S/O Harchanda B/C Bawariya Vs State of Rajasthan

Vimal Varman S/O Kamal Varman B/C Varman Vs State of Rajasthan

Krishna W/O Mahendra B/C Brahmin Vs State of Rajasthan

Kanaram S/O Shri Sugaram B/C Jat Vs State of Rajasthan