Allowed

Mohammed Harun v. State of Rajasthan

Rajasthan HC2 Jan 2024CRLMB/16280/2023

Case brief

AI extract

What is this about?

The High Court of Rajasthan allowed a second bail application under Section 439 Cr.P.C. in a drug offence case. The court held that since co-accused were on bail, investigation was complete, and trial would take long, releasing the petitioner on bail with a bond.

What did the court decide?

Release on bail with personal bond of Rs. 2,00,000/- and two sureties of Rs. 1,00,000/- each.

Mohammed Harun Vs State of Rajasthan — Narcotics (NDPS) | Rajasthan HC (2024)

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[2024:RJ-JD:29]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Miscellaneous Bail Application No. 16280/2023

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Mohammed Harun S/o Mohammed, Aged About 41 Years, R/o Bagalia Tehsil Pratapgarh P.s. Hathunia District Pratapgarh (At Present Lodged In District Jail Jodhpur)

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----Petitioner

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Versus

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State Of Rajasthan, Though Pp

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----Respondent

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For Petitioner(s) : Mr. Birbal Ram Bishnoi For Respondent(s) : Mr. Javed Gauri, PP

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HON'BLE MR. JUSTICE MANOJ KUMAR GARG

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Order

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02/01/2024

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The present second bail application has been filed under Section 439 Cr.P.C. The petitioner has been arrested in connection with FIR No.174/2021 Police Station Basani, District Jodhpur for the offences punishable under Section 8/15 of the NDPS Act.

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The first bail application was dismissed by this Court vide order dated 17.10.2023 as not pressed with liberty to file a fresh bail application after filing of the challan.

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Learned counsel for the petitioner submits that recovery of contraband was made from the possession of main accused Durag Singh @ Raju Singh and other co-accused Narpat Singh and Meh Ram @ Mehra Ram along with Durag Singh have been granted bail by Co-ordinate Bench of this Court on 23.05.2023. Counsel further submitted that no recovery was made from the possession of present petitioner and he has been implicated only on the

[CRLMB-16280/2023]

[2024:RJ-JD:29]

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statement of co-accused Durag Singh. Challan of the case has been presented and no investigation is pending. The accusedpetitioner is in the judicial custody and the trial of the case will take sufficient long time. Therefore, the benefit of bail may be granted to the accused-petitioner.

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Learned Public Prosecutor has opposed the bail application.

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I have considered the arguments advanced before me and gone through the material available on record.

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Taking into account the facts and circumstances of the case, without commenting on the merits of the case, this Court deems it just and proper to release the petitioner on bail.

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Accordingly, the second bail application under Section 439 Cr.P.C. is allowed and it is ordered that the accused-petitioner - Mohammed Harun S/o Mohammed, shall be enlarged on bail in FIR No. 174/2021 Police Station Basani, District Jodhpur provided he furnishes a personal bond in the sum of Rs.2,00,000/- with two sureties of Rs.1,00,000/- each to the satisfaction of learned trial court for his appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.

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(MANOJ KUMAR GARG),J

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38-raksha/-

Mohammed Harun v. State of Rajasthan

Case brief

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Mohammed Harun v. State of Rajasthan

Case brief

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