Allowed

Tosif Khan S/O Jameel Khal v. State of Rajasthan

Rajasthan HC6 Dec 2022CRLMB/8739/2022

Case brief

AI extract

What is this about?

This judgment grants anticipatory bail to Tosif Khan, an accused alleged to be involved in narcotics trafficking where contraband was recovered from a vehicle he owned. The court imposed a personal bond with sureties and standard conditions without expressing an opinion on the merits.

What did the court decide?

Bail allowed; petitioner to execute a personal bond of Rs.50,000/- with two sureties of Rs. 25,000/- each, ensuring availability for investigation, not leaving India, and not tampering with witnesses.

Tosif Khan S/O Jameel Khal 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. 8739/2022

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Tosif Khan S/o Jameel Khal, Aged About 31 Years, R/o Near Ek Meenar Masjid Chhawani Kota Thana Gumanpura Kota City 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) : Ms. Ankita Saini, Advocate for Mr. Abdul Kalam Khan, Advocate For Respondent(s) : Mr. M.K. Sheoran, Public Prosecutor

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HON'BLE MR. JUSTICE CHANDRA KUMAR SONGARA

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Order

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06/12/2022

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This anticipatory bail application has been filed under Section 438 of Cr.P.C. in connection with FIR No. 166/2022 registered at Police Station Anta, District Baran for the offences under Sections 8/20, 8/25 and 8/29 of the N.D.P.S. Act.

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Learned counsel for the petitioner submits that as per rejection bail order, the alleged contraband has been recovered from the alleged Car which was in possession of Jameel Khan, Shivprasad, Saddam Hussain and Narendra Bairwa and the petitioner is only the registered owner of the said vehicle. Learned counsel further submits that nothing is to be recovered from the petitioner and the co-accused Narendra and Shivprasad have already been enlarged on bail by the Co-ordinate Bench of this Court under Section 439 of Cr.P.C. vide its order dated

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(2 of 2)

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[CRLMB-8739/2022]

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27.05.2022. Hence, the anticipatory bail application of the accused-petitioner may kindly be granted.

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

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Heard learned counsel 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 accused-petitioner in FIR No. 166/2022 registered at Police Station Anta, District Baran by the Investigating Officer, 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/- each (out of which one surety shall be resident of Baran District) 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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iii) That the petitioner will not tamper with the evidence or threaten or pressurize the witnesses in the case.

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(CHANDRA KUMAR SONGARA),J

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Ashish Kumar /73

Tosif Khan S/O Jameel Khal v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Tosif Khan S/O Jameel Khal v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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