Mohmmad Khokhan S/O Shri Mohammad Ali Vs the State of Rajasthan

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

S.B. Criminal Misc. 3^rd Bail Application No. 15046/2025

Mohmmad Khokhan S/o Shri Mohammad Ali, Aged About 45 Years, R/o Push Ki Kothi, Bus Stand Ke Pichhe, Ajmer, Permanent Address Jaliyaan Kabristan, Police Station Dargah, Ajmer. (At Present Confined In Central Jail Ajmer).

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----Petitioner

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Versus

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The State Of Rajasthan, Through Its PP

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----Respondent

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For Petitioner(s)	: Mr. VinayPal Yadav
For Respondent(s)	: Mr. N.S. Dhakar, PP
	Mr. Tapesh Agarwal,PP

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HON'BLE MR. JUSTICE ANIL KUMAR UPMAN

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Order

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18/11/2025

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This third application for bail under Section 483 of BNSS has been filed on behalf of the petitioner herein who has been arrested in connection with FIR No.335/2024 registered at Police Station Civil Lines, District Ajmer for offence punishable under Section 8/20 of NDPS Act. After completion of investigation, police filed charge-sheet in this case for offences punishable under Sections 8/20 and 31 of NDPS Act.

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The first bail application filed on behalf of the petitioner was dismissed by this Court vide order dated 15.01.2025 after considering the fact that six other cases under the NDPS Act have been registered against the petitioner. Thereafter, second bail application was filed by the petitioner however, same was dismissed as withdrawn by this Court vide order dated

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30.06.2025. Now, seizure officer has been examined during the course of trial thus, this third bail application has been filed.

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It is contended by learned counsel for the petitioner that the accused-petitioner has falsely been implicated in this case. It is submitted that false recovery of Contraband (Ganja) weighing 5.215 kg has been shown to be recovered from the possession of the petitioner. It is submitted that whole trial is vitiated because the seizure officer was not authorized to make seizure or arrest in the case, as neither she was posted as Station House Officer (SHO) nor she was appointed as in-charge SHO in absence of regular incumbent. Reliance has also been placed on the order of Hon’ble Supreme Court in Shambhulal Gurjar @ Rohit vs. State of Rajasthan (Special Leave to Appeal (Crl.) No. 16671/2024) , wherein, after considering the fact that three other cases have been registered against the petitioner under the NDPS Act, the facility of bail was granted considering the period of incarceration. It is contended that trial will take considerable time in its conclusion. Counsel submits that petitioner is in custody since 19.09.2024 and as such, he has suffered incarceration of almost 14 months. It is contended that further custody of the petitioner would not serve any fruitful purpose.

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Learned State counsel opposes the submissions made by learned counsel for the petitioner and submits that petitioner is a habitual offender as six other cases have been registered against him.

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At this stage, learned counsel for the petitioner submits that petitioner has been acquitted in one case.

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I have considered the contentions.

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Having regard to the totality of the facts and circumstances of the case; considering the arguments advanced by learned counsel for the petitioner, especially considering the observations made by Hon’ble Supreme Court in the case of Shambhulal Gurjar (supra) and trial will take considerable time in its conclusion as well as looking to the custody period, but without commenting anything on the merits/demerits of the case, I deem it proper to allow the third bail application.

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This third bail application is accordingly allowed and it is directed that accused-petitioner - Mohmmad Khokhan S/o Shri Mohammad Ali, shall be released on bail provided, he shall furnish a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) together with two sureties in the sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) each to the satisfaction of the learned 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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However, it is made clear that the petitioner shall not involve in similar offence(s) during currency of bail granted by this Court. The petitioner is further directed to mark his presence in the concerned police station in the first and third week of every month, till trial is concluded.

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Concerned SHO shall enter the attendance of the petitioner in the Roznamcha. In case the petitioner fails to mark his presence in the concerned police station, as directed above, the

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concerned SHO is directed to immediately report the matter to the concerned Court in this regard.

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If breach of any of these conditions is reported or come to the notice of the Court, the same shall alone be a reason for the trial Court to cancel the bail granted to the petitioner by this Court.

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Office is directed to send a copy of this order to the concerned SHO for necessary compliance.

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The observations made hereinabove are only for decision of the bail application and would not have any impact on the trial of the case in any manner.

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(ANIL KUMAR UPMAN),J

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CHARU SONI /21

Mohmmad Khokhan S/O Shri Mohammad Ali v. the State of Rajasthan

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Mohmmad Khokhan S/O Shri Mohammad Ali v. the State of Rajasthan

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