Allowed

Ayub Khan v. State of Rajasthan

Rajasthan HC7 Dec 2023CRLMB/9034/2023

Case brief

AI extract

What is this about?

The High Court allowed a bail application under Section 439 Cr.P.C. for the petitioner, holding that since the sole basis for implicating him was the confession of a co-accused who was already released on bail, the petitioner had a strong case for release.

What did the court decide?

Petitioner enlarged on bail on furnishing a personal bond of Rs. 50,000/- with two sureties of Rs. 25,000/- each.

Ayub Khan Vs State of Rajasthan — Narcotics (NDPS) | Rajasthan HC (2023)

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[2023:RJ-JD:42695]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Miscellaneous Bail Application No. 9034/2023

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Ayub Khan S/o Salim Khan Mansoori, Aged About 31 Years, R/o Sangariya P.s. Phoolia Kalla, District Bhilwara. (At Present Lodged In District Jail, Bhilwara)

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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. Gajendra Panwar For Respondent(s) : Mr. Abhishek Purohit, AGA

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HON'BLE MR. JUSTICE FARJAND ALI

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Order

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07/12/2023

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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	187/2022
2.	Concerned Police Station	Phoolia Kalla
3.	District	Bhilwara
4.	Offences alleged in the FIR	Under Sections 8/29 of the NDPS Act and Sections 5/25 and 29 of the Arms Act
5.	Offences added, if any	-
6.	Date of passing of impugned order	08.06.2023

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It is contended on behalf of the accused-petitioner that no case for the alleged offences is made out against the petitioner and his incarceration is not warranted. The co-

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[CRLMB-9034/2023]

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accused Ratan Lal, on the basis of whose statement, the petitioner has been made accused in this case, has been released on bail by the trial court itself. 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.

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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 challan papers. What is reflecting from the perusal of the charge-sheet is that the contraband came to be recovered from the co-accused Surendra Goswami. It is the case of the prosecution that the said Surendra Goswami made a disclosure statement to the police that the contraband was procured to him by accused Ratan Singh. The said Ratan Singh has been released on bail by the learned trial court itself and the petitioner has been arraigned as an accused in this case on the strength of the confessional statement made by the accused Ratan Singh. When the accused Ratan Singh has been released on bail, on strength of whose statement, the petitioner has been made accused in this case, then I am of the view that the petitioner has a good case for release on bail. There is high probability that the trial may take long time to conclude. In light of these facts and

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circumstances, 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 concerned on all the dates of hearing as and when called upon to do so.

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(FARJAND ALI),J

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10-Pramod/-

Ayub Khan v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Ayub Khan v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

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