Allowed

Ramzan Khan v. State

Rajasthan HC3 Feb 2022CRLMB/1432/2022

Case brief

AI extract

What is this about?

This Court granted fourth bail to the petitioner accused of NDPS offences. The Court was not inclined to continue custody as the investigation officer acknowledged lack of direct evidence connecting the petitioner, who was only the registered vehicle owner, to the main accused.

What did the court decide?

Petitioner ordered to be released on bail executing a personal bond of Rs. 50,000 with two sureties of Rs. 25,000 each.

Ramzan Khan Vs State — Narcotics (NDPS) | Rajasthan HC (2022)

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[CRLMB-1432/2022]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Miscellaneous 4^th Bail Application No. 1432/2022

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Ramzan Khan S/o Lt. Jamal Khan, Aged About 30 Years, B/c Pathan Musalman, R/o Maharaj Ki Netaval P.s. Chanderiya Dist. Chittorgarh.

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(At Present Lodged In Dist. Jail, Chittorgarh).

----Petitioner

Versus

State of Rajasthan

----Respondent

For Petitioner(s) : Mr. Birbal Ram Bishnoi, through VC For Respondent(s) : Mr. Mohd. Javed Gouri, P.P.

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HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

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Order

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03/02/2022

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In wake of instant surge in COVID-19 cases and spread of its highly infectious Omicron variant, lawyers have been advised to refrain from coming to the Courts.

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This Court perused the material available on record.

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The petitioner has been arrested in connection with FIR No.104/2019 of Police Station Rashmi, District Chittorgarh for the offences punishable under Sections 8/15, 25, 29 of NDPS Act. Act. He has preferred this fourth bail application under Section 439 Cr.P.C.

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Learned counsel for the petitioner submits on 29.05.2019, the SHO concerned put a barrier at about 2:50 am at Gandabh Chouraha when a pickup coming from the side of Bhimgarh was stopped and the driver of the said pickup ran away, on being searched, the contraband was recovered from the vehicle in

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(2 of 3)

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[CRLMB-1432/2022]

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question. Learned counsel further submits that the petitioner being the registered owner of the pickup was arrested and during investigation, it was found that the pickup was given by the petitioner-Ramzan Khan to his nephew Samir @ Shabbir @ Bunty for transporting the contraband belonging to Bheru Lal, Devi Lal Prajapat and Shanti Lal.

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Learned counsel for the petitioner has further drawn the attention of this Court towards the statement rendered by PW-2 Ramesh Kaviya, who was the SHO concerned and also the investigation officer in the present case, who in his statement before the learned trial court in the cross examination has categorically stated that there is no evidence connecting the present petitioner-Ramzan Khan with the other co-accused and apart from the fact that none was caught from the site where the contraband was recovered.

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Learned Public Prosecutor opposes the bail application.

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This Court, on careful reading of the statement rendered by the investigation officer and particularly, the cross examination, is not inclined to continue the custody of the petitioner in this case at this stage as the investigation officer accepted that he has not been able to connect the petitioner with the main accused and his role was only that of being registered owner of the vehicle in question.

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Thus, 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.

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(3 of 3)

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[CRLMB-1432/2022]

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Accordingly, this fourth bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner Ramzan Khan S/o Lt. Jamal Khan shall be released on bail in connection with FIR No.104/2019 of Police Station Rashmi, District Chittorgarh 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.

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(DR.PUSHPENDRA SINGH BHATI),J.

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25-Zeeshan

Ramzan Khan v. State

Case brief

What is this about?

What did the court decide?

Ramzan Khan v. State

Case brief

What is this about?

What did the court decide?

What the court decided

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