High Court allowed bail for two accused petitioners in narcotics cases. The recovery was less than commercial quantity. Petitioners were granted bail on personal bond with two sureties to satisfy the trial court.
Petitioners granted personal bail bond of Rs.1,00,000/- with two sureties of Rs.50,000/- each.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
[2024:RJ-JP:37799]
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Miscellaneous Bail Application No.
7071/2024
Abdul S/o Bundu Kha, Aged About 35 Years, R/o Sarve Number 222, Shriram Teela, Kachchi Basti, Police Station Bhatta Basti, Jaipur. (At Present Confined In Centre Jail, Jaipur).
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
Connected With
S.B. Criminal Miscellaneous Bail Application No.
10579/2024
Khaleel Khan S/o Kamru Khan, Aged About 45 Years, R/o Ward Number 15, Nale Ke Paas, Gangapur City, Police Station Kotwali Gangapur City, District Gangapur City, At Present R/o Vijay Nagar Kacchi Basti, Fakira Ke Ghar Ke Paas, Rajiv Aavasiya Quarter Se Pehle, Bhatta Basti, Police Station Bhatta Basti, Jaipur. (At Present Confined At Central Jail Jaipur).
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
| For Petitioner(s) | : Mr. Vinod Kumar Sharma, Adv. |
|---|---|
| Mr. Javed Mohd. Khan, Adv., with Mr. Jaspal Singh, Adv. |
|
| For | : Mr. Devi Singh, P.P. |
| Respondent(s) |
HON'BLE MR. JUSTICE UMA SHANKER VYAS
[2024:RJ-JP:37799]
(2 of 3)
[CRLMB-7071/2024]
Judgment / Order
06/09/2024
These bail applications have been filed by petitioners under Section 439 Cr.P.C./483 B.N.S.S. seeking regular bail in FIR No.185/2024 registered at Police Station Bhatta Basti, District Jaipur Metropolitan (North) for the offence(s) under Section(s) 8/21 of NDPS Act.
Learned counsel for petitioners submit that accused-petitioners are innocent and they have been falsely implicated in these cases. They further submit that the alleged contraband recovered from present cases is less than commercial quantity. They also submit accused-petitioners have been in judicial custody since long and the conclusion of the trial will take long time, hence petitioners may be enlarged on bail.
Learned Public Prosecutor appearing for the State has opposed these bail applications.
Taking into consideration the overall facts and circumstances of these cases and the fact that the recovery of the alleged contraband from present cases is less than commercial quantity, but without expressing any opinion on the merits and demerits of these cases, this Court deems it just and proper to enlarge petitioners on bail.
[2024:RJ-JP:37799]
(3 of 3) [CRLMB-7071/2024]
Accordingly, these bail applications filed under Section 439 Cr.P.C./483 B.N.S.S. are allowed and it is ordered that accused-petitioners 1.Abdul S/o Bundu Kha & 2.Khaleel Khan S/o Kamru Khan shall be released on bail, provided each of them 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 trial Court, with the stipulation that petitioners shall appear before that Court on all subsequent dates of hearing and as and when called upon to do so.
A copy of this order be placed in connected file.
(UMA SHANKER VYAS),J
DANISH USMANI /85 & 86
1 issue framed by the court
Whether the petitioners are eligible for regular bail in a trial court proceeding for offences under the NDPS Act.
3 provisions across 3 enactments
Abdul S/o Bundu Kha
Khaleel Khan S/o Kamru Khan
State Of Rajasthan
Uma Shanker Vyas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
