Allowed

Abdul Faizan S/O Shahzad Khan v. State of Rajasthan

Rajasthan HC10 May 2022CRLMB/2705/2022

Case brief

AI extract

What is this about?

The Court allowed an anticipatory bail application filed under Section 438 Cr.P.C. in a case involving offences under the NDPS Act. The petitioner, not named in the FIR but named in a co-accused's statement, was granted bail on furnishing a bond and bond conditions.

What did the court decide?

Anticipatory bail granted on personal bond of Rs. 50,000 with two sureties of Rs. 25,000 each, subject to conditions of appearing for investigation and not interfering with evidence or witnesses.

Abdul Faizan S/O Shahzad Khan Vs State of Rajasthan — Narcotics (NDPS) | Rajasthan HC (2022)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous Bail Application No. 2705/2022

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Abdul Faizan S/o Shahzad Khan, R/o Village Ghatakheri, Tehsil Gangdhar, Police Station Dug, District Jhalawar (Rajasthan)

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----Petitioner

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Versus

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State Of Rajasthan, Through P.p.

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----Respondent

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For Petitioner(s) : Mr. Ali Mohammed Khan For Respondent(s) : Mr. Laxman Meena, PP

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HON'BLE MR. JUSTICE CHANDRA KUMAR SONGARA

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Order

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10/05/2022

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This anticipatory bail application has been filed under Section 438 Cr.P.C. in connection with FIR No. 375/2021 registered at Police Station Sadar, District Dausa for the offences under Sections 8/18, 8/21, 8/29 of NDPS Act.

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It is submitted by learned counsel for the petitioner that the petitioner has been made an accused only on the basis of police statement of the co-accused. The petitioner is not named in the FIR. The bail application of co-accused Devcharan under Section 439 of CrPC has already been granted by the co-ordinate Bench of this Court vide order dated 21.12.2021. Hence, the anticipatory bail application of the accused-petitioner may be granted.

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On the other hand, learned Public Prosecutor has opposed the bail application.

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(2 of 2)

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[CRLMB-2705/2022]

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Heard learned counsel for the parties and perused the material available on record.

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Considering the submissions made by the learned counsel for the petitioner and looking to the facts and circumstances of the case but without expressing any opinion on the merits and demerits of the case, I deem it just and proper to enlarge the petitioner on anticipatory bail.

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Accordingly, this anticipatory bail application is allowed and it is ordered that in case of arrest of the petitioner-Abdul Faizan S/o Shahzad Khan in the aforesaid FIR, the accused-petitioner shall be released on bail; provided he furnishes a personal bond in the sum of Rs.50,000/- with two sureties in the sum of Rs. 25,000/-(out of which one surety shall be the resident of Dausa District) each to the satisfaction of concerned SHO/IO on the following conditions:

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i) That the petitioner will make himself available for the investigation as and when required by the investigation officer.

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ii) That the petitioner will not leave India without permission of the Court.

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ii) That the petitioner will not temper with the evidence or threaten or pressurize the witnesses in the case.

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(CHANDRA KUMAR SONGARA),J

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PAYAL/48

Abdul Faizan S/O Shahzad Khan v. State of Rajasthan

Case brief

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Abdul Faizan S/O Shahzad Khan v. State of Rajasthan

Case brief

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