Allowed

Iersad @ Dilshad S/O Ieshan v. State of Rajasthan

Rajasthan HC7 Nov 2024CRLMB/10182/2024

Case brief

AI extract

What is this about?

The High Court allowed the petitioner's bail application in a case involving illegal possession of ganja under the NDPS Act. The court held it just and proper to release the petitioner on bail as the recovered quantity was non-commercial, despite opposition from the prosecution.

What did the court decide?

Petitioner released on bail on furnishing a personal bond of Rs.50,000/ along with two sureties of Rs.25,000/ each to the satisfaction of the trial court.

Iersad @ Dilshad S/O Ieshan Vs State of Rajasthan — Narcotics (NDPS) | Rajasthan HC (2024)

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[2024:RJ-JP:46176]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous Bail Application No. 10182/2024

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Iersad @ Dilshad S/o Ieshan, R/o Ieshan Ki Dhani, Tan Dhriyawas, Police Station Tapukda, District Khairthal-Tizara (Rajasthan) (Presently Confined In Jail At Kishangarhbas, District Alwar).

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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.	Umesh Kumar Sharma
For Respondent(s)	: Mr.	Onkar Singh Rajpurohit,PP

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HON'BLE MR. JUSTICE BHUWAN GOYAL Order

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07/11/2024

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The present application under Section 483 of B.N.S.S., 2023 (439 of Cr.P.C.) has been filed by the petitioner seeking regular bail in connection with F.I.R. No. 52/2024 dated 26.02.2024 registered at Police Station Tapukda, District Bhiwadi for the offence under Section 8/20 of the Narcotic Drugs and Psychotropic Substances Act.

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Heard learned counsel for the petitioner as well as learned Public Prosecutor.

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Learned counsel for the petitioner has contended that the petitioner is innocent and has been falsely enroped in this case. He has contended that the recovery of 1.220 Kgs. of Ganja is stated to be effected from the house of the petitioner which is non-commercial quantity. He has also contended that there are 13 cases stated to be registered against the petitioner, out of which, he has been acquitted in 3 cases and in remaining 10 cases, he has been released on bail. The petitioner is languishing in jail

[2024:RJ-JP:46176]

[CRLMB-10182/2024]

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since 22.07.2024. Charge-sheet has already been filed and trial of the case is likely to take time. He has, thus, urges that further incarceration of the petitioner in this case would not serve any fruitful purpose. He, therefore, prays that instant bail application may be allowed and petitioner may also be enlarged on bail.

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Learned Public Prosecutor has vehemently and fervently opposed the bail application. 5. I have given my thoughtful consideration to the submissions advanced at bar and have gone through the material available on record.

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Having regard to the totality of facts and circumstances of the case; considering the submissions advanced by learned counsel for the petitioner and the fact that recovery effected from petitioner is of non-commercial quantity, but without commenting anything on the merits and demerits of the case, this Court deems it just and proper to allow instant bail application.

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The present bail application is accordingly allowed and it is directed that accused-petitioner - Iersad @ Dilshad S/o Ieshan shall be released on bail provided he furnishes a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) along with two sureties in the sum of Rs.25,000/- (Rupees Twenty Five Thousand only) each to the satisfaction of the trial court with the stipulation that he shall appear before that Court and any Court to which the matter is transferred, on all subsequent dates of hearing and as and when called upon to do so.

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(BHUWAN GOYAL),J

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Sudeepak/63

Iersad @ Dilshad S/O Ieshan v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Iersad @ Dilshad S/O Ieshan v. State of Rajasthan

Case brief

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What did the court decide?

What the court decided

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