Rajasthan High Court
Ahsan S/O Ansar Ahmad vs State Of Rajasthan (2024:Rj-Jp:4097) on 24 January, 2024
Author: Anil Kumar Upman
Bench: Anil Kumar Upman
[2024:RJ-JP:4097]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous Bail Application No. 921/2024
Ahsan S/o Ansar Ahmad, R/o Nehru Colony, Civil Line, Nayapura,
Kota (Raj.)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Rajesh Gadwal
For Respondent(s) : Mr. M. K. Sheoran, PP
HON'BLE MR. JUSTICE ANIL KUMAR UPMAN
Order
24/01/2024
1. The instant pre-arrest bail application has been filed under Section 438 Cr.P.C. on behalf of the petitioner, who is having apprehension of his arrest in connection with FIR No.249/2023 registered at Police Station Kotwali Bundi, District Bundi for the offence under Section 8/21 of NDPS Act.
2. Learned counsel for the petitioner submits that accused- petitioner has falsely been implicated in this case. He submits that according to the prosecution case, co-accused person namely Parmanand was found in the possession of 5 gram 35 milligram of 'smack' which is marginally above from the small quantity. He submits that co-accused-Parmanand has already been granted bail by the court below. He submits that petitioner has been implicated in this case solely on the basis of interrogation of the co-accused- Parmanand. Learned counsel for the petitioner relied upon the (Downloaded on 23/02/2024 at 10:11:08 PM) [2024:RJ-JP:4097] (2 of 3) [CRLMB-921/2024] Judgment of Apex Court in the case of Tofan Singh Vs. State of Tamil Nadu reported in AIR 2020 SC 5592. He also submits that custodial interrogation of petitioner is not required in this matter.
3. Learned Public Prosecutor opposes the bail application but fairly concedes that no other case has been registered against the petitioner and he has been implicated in this case solely on the basis of interrogation of the co-accused.
4. Considering the contentions put-forth by the counsel for the petitioner and taking into account the totality of facts and circumstances of the case, especially the fact that petitioner has been implicated in this case solely on the basis of interrogation of the co-accused-Parmanand, so also keeping in view the law laid down by the Hon'ble Supreme Court in the case of Tofan Singh Vs. State of Tamil Nadu reported in AIR 2020 SC 5592, but without expressing any opinion on the merits/demerits of the case, this court deems it just and proper to allow this anticipatory bail application.
5. Accordingly, the anticipatory bail application is allowed. The S.H.O/I.O/Arresting Officer, Police Station Kotwali Bundi, District Bundi in FIR No.249/2023 is directed that in the event of arrest of the petitioner - Ahsan S/o Ansar Ahmad, he shall be released on bail, provided he furnishes a personal bond in the sum of Rs.50,000/- with two sureties in the sum of Rs.25,000/- each to the satisfaction of the S.H.O/I.O/Arresting Officer of the concerned Police Station on the following conditions:- (Downloaded on 23/02/2024 at 10:11:08 PM)
[2024:RJ-JP:4097] (3 of 3) [CRLMB-921/2024]
(i) that the petitioner shall make himself available for interrogation by a police officer as and when required;
(ii) that the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or any police officer, and
(iii) that the petitioner shall not leave India without previous permission of the court.
(ANIL KUMAR UPMAN),J GAUTAM JAIN /223 (Downloaded on 23/02/2024 at 10:11:08 PM) Powered by TCPDF (www.tcpdf.org)