[2023:RJ-JP:26028]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous II Bail Application No.
12070/2023
Naved Qureshi S/o Mohammed Chand, Aged About
32 Years, R/o Sarve No. 11, Near Bilal Masjid,
Bhatta Basti, Police Station Bhatta Basti, Jaipur,
(Petitioner Is In Central Jail Jaipur)
----Petitioner
Versus
State Of Rajasthan, Through P.p.
----Respondent
For Petitioner(s) : Mr. Ali Mohammed Khan, Adv.
For : Mr. Bhawani Shankar Sharma, Respondent(s) P.P.
HON'BLE MR. JUSTICE UMA SHANKER VYAS Judgment / Order 03/10/2023 This second bail application has been filed by the petitioner under Section 439 Cr.P.C. seeking regular bail in FIR No.423/2023 registered at Police Station Vishwakarma, District Jaipur City (West) for the offence(s) under Section(s) 8/21 of NDPS Act and under Section(s) 3/25 of Arms Act.
The first bail application of the accused- petitioner was dismissed as withdrawn by this Court vide order dated 23.08.2023, giving liberty to the accused-petitioner to file afresh after filing of the charge sheet.
(Downloaded on 11/11/2023 at 08:28:56 PM) [2023:RJ-JP:26028] (2 of 3) [CRLMB-12070/2023] Learned counsel for the petitioner submits that the accused-petitioner is innocent and he has been falsely implicated in this case. He further submits that charge sheet has been filed and contraband allegedly recovered from the possession of the accused-petitioner is less than commercial quantity. He also submits that the accused-petitioner has been in judicial custody since long and the conclusion of the trial will take long time, hence the petitioner may be enlarged on bail.
Learned Public Prosecutor appearing for the State has opposed the bail application.
Taking into consideration the overall facts and circumstances of the case and the fact that contraband allegedly recovered from the possession of the accused-petitioner is less than commercial quantity, but without expressing any opinion on the merits and demerits of the case, this Court deems it just and proper to enlarge the petitioner on bail.
Accordingly, the second bail application filed under Section 439 Cr.P.C. is allowed and it is ordered that accused-petitioner Naved Qureshi S/o Mohammed Chand shall be released on bail, provided he furnishes a personal bond in the sum of Rs.1,00,000/- with two sureties of Rs.50,000/- each (Downloaded on 11/11/2023 at 08:28:56 PM) [2023:RJ-JP:26028] (3 of 3) [CRLMB-12070/2023] to the satisfaction of the trial Court, with the stipulation that the petitioner shall appear before that Court on all subsequent dates of hearing and as and when called upon to do so.
(UMA SHANKER VYAS),J DANISH USMANI /05 (Downloaded on 11/11/2023 at 08:28:56 PM) Powered by TCPDF (www.tcpdf.org)