Allowed

Sanjay Son of Jhabarmal Jat v. Union of India

Rajasthan HC4 Nov 2023CRLMB/80/2023

Case brief

AI extract

What is this about?

In a bail application under Section 439 Cr.P.C, the Rajasthan High Court sought grant bail to the petitioner accused in an NDPS case, relying on parity with a co-accused previously granted bail by a coordinate bench, and ordered release on personal bond with sureties.

What did the court decide?

PWs enlarged on bail to furnish a personal bond of Rs.50,000/- with two sureties of Rs.25,000/- each.

Sanjay Son of Jhabarmal Jat Vs Union of India — Narcotics (NDPS) | Rajasthan HC (2023)

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[2023:RJ-JP:33269]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous Bail Application No. 80/2023

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Sanjay Son Of Jhabarmal Jat, Resident Of Dhani Balsar, Tehsil Neem Ka Thana, District Sikar (Raj.) (Presently Confined In Central Jail Jaipur)

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----Petitioner

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Versus

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Union Of India, Through Narcotic Control Bureau

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----Respondent

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For Petitioner(s) : Mr. Rajveer Singh Mr. Rajveer Saini For Respondent(s) : Mr. Tej Prakash Sharma, SPP for Union of India

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HON'BLE MR. JUSTICE FARJAND ALI

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(Through Video Conferencing)

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Order

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04/11/2023

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The jurisdiction of this Court has been invoked by way of filing an application under Section 439 Cr.P.C. at the instance of accused-petitioner. The requisite details of the matter are

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tabulated herein below:

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S.No.	Particulars of	the Case
1.	FIR Number	VIII (IO) 10/NCB/JZU/2018
2.	Concerned Police Station	NCB
3.	District	Jodhpur
4.	Offences alleged in the FIR	Section 8/20, 25 and 29 of the NDPS Act
5.	Offences added, if any
6.	Date of passingof impugned order	11.01.2019

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It is contended on behalf of the accused-petitioner that no

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case for the alleged offences is made out against him and his

(2 of 3)

[2023:RJ-JP:33269]

[CRLMB-80/2023]

incarceration is not warranted. There are no factors at play in the case at hand that may work against grant of bail to the accused-petitioner and he has been made an accused based on conjectures and surmises. The co-accused Salim S/o Mohammad Rafi has already been enlarged on bail by a coordinate Bench of this Court vide order dated 08.08.2023 in S.B. Criminal Miscellaneous Bail Application No.9237/2023.

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Contrary to the submissions of learned counsel for the petitioner, learned Public Prosecutor opposes the bail application and submits that the present case is not fit for enlargement of accused on bail.

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I have considered the submissions made by both the parties and have perused the material available on record. It is not disputed that the similarly situated co-accused Salim has already been enlarged on bail by a co-ordinate Bench of this Court and the case of the present petitioner, the quality of evidence and the nature of accusation are not distinguishable. Thus, on the ground of parity and on the ground that the trial would still take a long time to conclude, it is deemed suitable to grant the benefit of bail to the petitioner in the present matter.

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Accordingly, the instant bail application under Section 439 Cr.P.C. is allowed and it is ordered that the accused-petitioner as named in the cause title shall be enlarged on bail provided he furnishes a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge for his appearance before the court

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[2023:RJ-JP:33269]

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concerned on all the dates of hearing as and when called

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upon to do so.

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(FARJAND ALI),J

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Ashutosh/13

Sanjay Son of Jhabarmal Jat v. Union of India

Case brief

What is this about?

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Sanjay Son of Jhabarmal Jat v. Union of India

Case brief

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