Allowed

Khudabhakash @ Khudru v. State of Rajasthan

Rajasthan HC28 Mar 2023CRLMB/1106/2023

Case brief

AI extract

What is this about?

Hon'ble Mr. Justice Praveer Bhatnagar allowed the bail application of Khudabhakash @ Khudru charged with offences under Sections 8/21, 29 of the NDPS Act. The court observed that apart from the statement of a co-accused already granted bail, there was no other evidence against the petitioner, deeming it just and proper to enlarge him on bail with a personal bond.

What did the court decide?

Enlargement on bail provided personal bond of Rs. 1,00,000/- with two sureties of Rs. 50,000/- each.

Khudabhakash @ Khudru Vs State of Rajasthan — Narcotics (NDPS) | Rajasthan HC (2023)

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[2023/RJJD/007787]

[CRLMB-1106/2023]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Miscellaneous Bail Application No. 1106/2023

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Khudabhakash @ Khudru S/o Mohd. Nimaj, aged about 22 Years, Barkat Colony, Phalodi, Dist. Jodhpur. (At Present Lodged In Central Jail, Jodhpur).

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----Petitioner

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Versus

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State of Rajasthan, through PP

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----Respondent

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For Petitioner(s) : Mr. Surya Deep For Respondent(s) : Mr. Shiv Kumar Bhati, PP

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HON'BLE MR. JUSTICE PRAVEER BHATNAGAR

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Order

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28/03/2023

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The instant bail application has been filed under Section 439 Cr.P.C. on behalf of accused-petitioner Khudabhakash @ Khudru against the order dated 20.01.2023 passed by learned Additional Sessions Judge, Phalodi District Jodhpur whereby the bail application of the accused-petitioner has been rejected. The petitioner has been arrested in connection with FIR No.193/2022 registered at Police Station Phalodi, District Jodhpur for the offence(s) under Sections 8/21, 29 of the NDPS Act.

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Learned counsel for the accused-petitioner submits that a false case has been foisted against the acciused-petitioner. The accused-petitioner has nothing to do with the alleged offences. He further submits that petitioner has been implicated in the case based upon the statement of other co-accused Fhukh from whom 90.78 grams of smack was recovered. Apart from the statement of

[2023/RJJD/007787]

[CRLMB-1106/2023]

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the other co-accused there is no evidence indicating the involvement of the accused-petitioner in commission of the crime. The other co-accused Farukh has been granted benefit of bail by coordinate Bench vide order dated 16.08.2022.

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Per contra, learned Public Prosecutor has vehemently opposed the bail application and stated that accused-petitioner is habitual offender.

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Considering the arguments advanced by the counsel for the parties and looking to the overall facts and circumstances of the case and also taking into consideration the fact that apart from the statement of other co-accused Farukh there is no other direct or indirect evidence against the accused-petitioner regarding commission of the crime. The other co-accused Farukh has already been granted benefit of bail by coordinate Bench vide order dated 16.08.2022. I deem it just and proper to enlarge the accusedpetitioner on bail.

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Accordingly, the bail application under Section 439 Cr.P.C. is allowed and it is ordered that the accused-petitioner Khudabhakash @ Khudru S/o Mohd. Nimaj shall be enlarged on bail provided he furnishes a personal bond in the sum of Rs.1,00,000/- with two sureties of Rs.50,000/- each to the satisfaction of the learned trial Judge for his appearance before the court concerned on all the dates of hearing as and when called upon to do so.

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(PRAVEER BHATNAGAR),J

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90-Dharmendra/-

Khudabhakash @ Khudru v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Khudabhakash @ Khudru v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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