Allowed

Aneesh Khan v. State of Rajasthan

Rajasthan HC13 Mar 2024CRLMB/2904/2024

Case brief

AI extract

What is this about?

In a bail application under Section 439 Cr.P.C. concerning offences under Sections 8/21 of the NDPS Act involving narcotic drugs below commercial quantities, the High Court of Rajasthan allowed bail, holding that Section 37 of the NDPS Act was not attracted and citing parity with co-accused already on bail.

What did the court decide?

Bail granted on personal bond of Rs. 50,000 with two sureties of Rs. 25,000 each to ensure appearance in trial court.

Aneesh Khan Vs State of Rajasthan — Narcotics (NDPS) | Rajasthan HC (2024)

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[2024:RJ-JD:11967]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Miscellaneous Bail Application No. 2904/2024

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Aneesh Khan S/o Shanawaz Akhtar @ Shazi, Aged About 21 Years, R/o Ward No. 5, New Kunja, Hanumangarh Junction, Ps Hanumangarh Junction, Dist Hanumangarh. (Lodged In Dist Jail Hanumangarh)

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----Petitioner

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	Versus
State Of Rajasthan,	Through PP ----Respondent
For Petitioner(s)	: Mr. Altaf Khan, Brother-in-law of the petitioner(Present-in-Person)
For Respondent(s)	: Mr. M. Khan,PP

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HON'BLE MR. JUSTICE FARJAND ALI

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Order

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13/03/2024

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The lawyers are abstaining from appearing before the Court.

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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 t	he Case
1.	FIR Number	32/2024
2.	Concerned Police Station	Sadar Hanumangarh
3.	District	Hanumangarh
4.	Offences alleged in the FIR	Under Sections 8/21 of the NDPS Act
5.	Offences added,if any	-
6.	Date of passing of impugned order	02.02.2024

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[2024:RJ-JD:11967]

[CRLMB-2904/2024]

It is contended on behalf of the accused-petitioner that the recovered contraband is well below demarcated commercial quantity. No case for the alleged offences is made out against him and he has been made an accused based on conjectures and surmises. His incarceration is not warranted. There are no factors at play in the case at hand that may work against grant of bail to the accused-petitioner. The embargo contained under Section 37 of NDPS Act is not attracted in this case. It is further contended that co-accused Rajesh Kumar and Mukesh have already been enlarged on bail.

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Contrary to the submissions made on behalf of 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 material available on record. The recovered contraband is well below demarcated commercial quantity. In the given circumstances, the embargo contained under Section 37 of NDPS Act is not attracted in this case. The co-accused co-accused Rajesh Kumar and Mukesh have already been enlarged on bail vide orders dated 22.02.2024 and 14.02.2024 passed in S.B. Criminal Misc. Bail Applications Nos.1417/2024 and 1847/2024. The case of the petitioner is not distinguishable in any manner. Thus, on the ground of parity and there is high probability that the trial may take long time to conclude, it is deemed suitable to

(3 of 3)

[2024:RJ-JD:11967]

[CRLMB-2904/2024]

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 accusedpetitioner 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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106-divya/-

Aneesh Khan v. State of Rajasthan

Case brief

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Aneesh Khan v. State of Rajasthan

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