This bail application under Section 439 Cr.P.C. was filed by Jakir Hussain accused under the NDPS Act. The Court allowed the application and directed release on bail with a personal bond and sureties, noting that co-accused had already been enlarged.
Release on bail with a personal bond of Rs. 1,00,000/- and two sureties of Rs. 50,000/- each.
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[2023/RJJD/016439]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Miscellaneous III Bail Application No. 347/2023
Jakir Hussain S/o Gulam Hussain, Aged About 35 Years, B/c Muslim, R/o Pipaliya Raoji, Mansa, Neemach (MP) (Lodged In Sub Jail Nohar).
----Petitioner
Versus
State Of Rajasthan, Through PP
----Respondent
For Petitioner(s) : Mr. Bhagirath Ray Bishnoi For Respondent(s) : Mr. Arun Kumar, PP
HON'BLE MR. JUSTICE VIJAY BISHNOI
Judgment / Order
19/05/2023
Heard learned counsel for the petitioner as well as learned Public Prosecutor and also perused the material on record.
The petitioner has been arrested in FIR No.10/2020 of Police Station Pallu, District Hanumangarh for the offences punishable under Sections 8/18, 8/28 of NDPS Act. He has preferred this third bail application under Section 439 Cr.P.C.
Learned counsel for the petitioner has submitted that as per the prosecution story, 4 kgs opium was recovered from the petitioner on 21.01.2020. It is also submitted that the other two co-accused persons, namely, Imran and Aziz have already been enlarged on bail by this Court vide orders dated 13.03.2023 and 04.05.2023 respectively. Learned counsel has further submitted that the case of the petitioner is not distinguishable from those coaccused, who have been enlarged on bail.
(2 of 2)
[2023/RJJD/016439]
[CRLMB-347/2023]
Learned Public Prosecutor has opposed the bail application, however, he not in a position to dispute the fact that the case of the petitioner is not distinguishable from the case of those coaccused, who have been enlarged on bail.
Accordingly, this bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner Jakir Hussain S/o Gulam Hussain shall be released on bail in connection with FIR No.10/2020 of Police Station Pallu, District Hanumangarh provided he executes a personal bond in a sum of Rs.1,00,000/with two sound and solvent sureties of Rs.50,000/- 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.
(VIJAY BISHNOI),J
19-AjaySingh/-
2 issues framed by the court
Whether bail shall be granted to the petitioner under Sections 8/18 and 8/28 of the NDPS Act given that co-accused have been released.
Whether the petitioner is entitled to be released on bail on personal bond and sureties when other co-accused are already on bail.
2 provisions across 2 enactments
Jakir Hussain
State of Rajasthan
Vijay Bishnoi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
