Sajid S/O Shri Usmaan Mohammad Vs State of Rajasthan

[2025:RJ-JP:24474]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

S.B. Criminal Miscellaneous Bail Application No. 7816/2025

Sajid S/o Shri Usmaan Mohammad, Aged About 33 Years, R/o Patwa Mohalla, Ward No. 14, Nainva, Tehsil Nainva, District Bundi (Raj.) (At Present Lodge At District Jail Tonk)

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----Accused-Applicant

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Versus

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State Of Rajasthan, Through PP

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----Respondent

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For Applicant(s)	: Mr. Sudarshan Laddha,Adv.
For Respondent(s)	: Ms. Arti Sharma, Dy.GA
	Mr. Jai Prakash Tiwari,Dy.GA

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HON'BLE MR. JUSTICE ASHUTOSH KUMAR

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Order

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03/07/2025

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The present bail application has been filed by the accusedapplicant under Section 483 of the B.N.S.S, 2023 against the order dated 22.05.2025 passed by learned Additional Sessions Judge, Uniyara, District Tonk (Rajasthan) in connection with FIR No.05/2025 registered at Police Station Uniyara, District Tonk for the offence punishable under Section 8/21 of The Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the 'NDPS Act') and Section 3/25 of Arms Act, by which the bail application of the accused-applicant under Section 483 of BNSS, 2023 has been dismissed.

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Learned counsel for the accused-applicant submits that the accused-applicant has falsely been implicated in this case. Learned counsel argues that as per the prosecution story on 14.01.2025 about 46 grams of 'Smack' and 16.12 grams of 'MDMA' was

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recovered from the possession of the co-accused-Junaid. Learned counsel also argues that during investigation co-accused-Junaid stated to the Investigating Officer that he has brought the contraband from the present accused-applicant-Sajid. Learned counsel contends that the present accused-applicant has been implicated in this case merely on the basis of statement of coaccused. Learned counsel also contends that the accusedapplicant was arrested on 03.03.2025 and since then, he is behind the bars. Learned counsel further contends that the charge-sheet has been filed against the present accused-applicant for the offence punishable under Section 8/29 of NDPS Act. It is also submitted that fifteen other criminal cases have also been registered against the present accused-applicant, but no other case under the provisions of NDPS Act has been registered. Learned counsel prays that the trial will take time to conclude, therefore, the accused-applicant be enlarged on bail.

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On the other hand, learned Public Prosecutor opposes the bail application and submits that fifteen other criminal cases have also been registered against the accused-applicant, therefore, the bail application of the accused-applicant should be rejected. 4. Heard learned counsel for the parties and also perused the material available on record.

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Having regard to the overall facts and circumstances of the case and also considering the facts that no contraband has been recovered from the possession of present accused-applicant; that the present accused-applicant has been made accused in this case only on the basis of statement of co-accused; that the charge against the present accused-applicant is for the offence punishable

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under Section 8/29 of NDPS Act; that the charge-sheet has been filed and trial will take long time to conclude, but without expressing any opinion on the merits/demerits of the case, this Court deems it proper to allow the bail application filed by the accused-applicant.

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Consequently, this bail application filed under Section 483 of the B.N.S.S, 2023 is allowed. It is ordered that accused-applicant Sajid S/o Shri Usmaan Mohammad arrested in FIR No. 05/2025 registered at Police Station Uniyara, District Tonk shall be released on bail; provided he furnishes personal bond in the sum of Rs.50,000/- and two solvent sureties of Rs.25,000/- each to the satisfaction of the learned trial Court.

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Accused-Applicant shall be required to appear before that Court on all dates of hearing and as and when called upon to do so.

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(ASHUTOSH KUMAR),J

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Mohita /267

Sajid S/O Shri Usmaan Mohammad v. State of Rajasthan

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Sajid S/O Shri Usmaan Mohammad v. State of Rajasthan

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