Allowed

Mohammad Raees S/O Shri Alauddin v. the State of Rajasthan

Rajasthan HC5 Nov 2024CRLMB/12446/2024

Case brief

AI extract

What is this about?

The Rajasthan High Court allowed a bail application filed under Section 483 of BNS 2023. The petitioner sought bail in a drug recovery case, arguing the quantity was non-commercial and there were no independent witnesses. The court allowed bail without commenting on merits.

What did the court decide?

Petitioner released on bail via personal bond of Rs. 50,000 and sureties of Rs. 25,000 each.

Mohammad Raees S/O Shri Alauddin Vs the State of Rajasthan — Bail and Remand | Rajasthan HC (2024)

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[2024:RJ-JP:45565]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous Bail Application No. 12446/2024

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Mohammad Raees S/o Shri Alauddin, Aged About 24 Years, R/o House Number 189, Rajiv Nagar, Kachchi Basti, Bhatta Basti, Police Station Bhatta Basti, Jaipur. (At Present Confined In Central Jail, Jaipur).

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----Petitioner

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Versus

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The State Of Rajasthan, Through Pp

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----Respondent

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For Petitioner(s) : Mr. Sumit Kumar Upadhyay with Mr. Afreen Rizvi

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For Respondent(s) : Ms. Aarti Sharma, PP

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HON'BLE MR. JUSTICE BHUWAN GOYAL

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Order

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05/11/2024

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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. 339/2024 dated 26.09.2024 registered at Police Station Bhatta Basti, District Jaipur for the offences under Sections 8/21, 8/25 of the NDPS 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 15.85 grams smack has been effected from the possession of the petitioner which is noncommercial quantity. No independent witness to the said recovery has been kept in the present case. He has also contended that there is no criminal antecedents of the petitioner. The petitioner is languishing in jail since 26.09.2024. He has, thus, urges that

[2024:RJ-JP:45565]

[CRLMB-12446/2024]

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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.

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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, 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 - Mohammad Raees S/o Shri Alauddin 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/141

Mohammad Raees S/O Shri Alauddin v. the State of Rajasthan

Case brief

What is this about?

What did the court decide?

Mohammad Raees S/O Shri Alauddin v. the State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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