High Court allowed bail application of Arif Khan, accused of NDRPS Act offences. Granted bail despite lack of evidence connecting him to the seized poppy straw, permitted execution of personal bond.
Release on bail with personal bond of Rs.50,000/- and two sureties of Rs.25,000/- each.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 1319/2022
Arif Khan S/o Noormal Mev, Aged About 30 Years, B/c Muslim, R/o Chawandi Kalla Titarka, Tizara Police Station, Alwar, Dist. Alwar. (Lodged In Dist. Jail, Chittorgarh).
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent For Petitioner(s) : Mr. Manohar Singh for Mr. B. Ray Bishnoi For Respondent(s) : Mr. Mohd. Javed Gauri, PP
HON'BLE MR. JUSTICE VIJAY BISHNOI
Judgment / Order
09/11/2022
Heard learned counsel for the parties and perused the material available on record.
The petitioner(s) has/have been arrested in FIR No.16/2021 of Police Station Bhadesar, District Chittorgarh for the offence(s) punishable under Section(s) 8/15 & 8/29 NDPS Act. He/she/they has/have preferred this/these bail application(s) under Section 439 Cr.P.C.
Learned counsel for the petitioner has submitted that as per the prosecution story, the police has seized 95.700 kgs of poppy straw from the possession of co-accused namely Juned Khan, Dal Chand and Talim Khan. It is further submitted that the prosecution has alleged that the said recovery of narcotic contraband was to be supplied to the present petitioner. It is submitted that except the information supplied by the co-accused persons, no other
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[CRLMB-1319/2022]
evidence is available on record to connect the petitioner with the commission of crime. It is argued that though the prosecution has claimed that the petitioner was in contact with the other coaccused persons, but as a matter of fact, no call details in this respect have been produced by the prosecution before the trial court. It is also submitted that the prosecution has also alleged that some money has been transferred in the bank account of the petitioner, but no specific documentary proof has been produced before the trial court. For that purpose, learned counsel for the petitioner has invited my attention towards the statement of the Investigating Officer - Vinod Menaria (PW/1). Learned counsel for the petitioner has, therefore, submitted that it is case of no evidence and the petitioner has falsely been implicated in this case, therefore, he may be enlarged on bail.
Learned Public Prosecutor has opposed the bail application(s).
Having regard to the totality of the facts and circumstances of the case, keeping in view the statement of the IO namely Vinod Menaria (PW-1), without expressing any opinion on the merits of the case, I deem it just and proper to grant bail to the petitioner(s) under Section 439 Cr.P.C.
Accordingly, this/these bail application(s) filed under Section 439 Cr.P.C. is/are allowed and it is directed that petitioner(s) – Arif Khan S/o Noormal Mev shall be released on bail in connection with FIR No.16/2021 of Police Station Bhadesar, District Chittorgarh provided he/she/they execute(s) a personal bond in the 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/her/their
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appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.
(VIJAY BISHNOI),J
65-mohit/-
2 issues framed by the court
Whether bail should be granted to the petitioner under Section 439 Cr.P.C. accused of offences under the NDPS Act.
Whether the lack of substantive证据证明 the petitioner implicates him falsely in the recovery of narcotics.
2 provisions across 2 enactments
Arif Khan
State Of Rajasthan
VIJAY BISHNOI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
