Rajasthan High Court - Jodhpur
Mohammad Jameel @ Khan vs State Of Rajasthan on 16 March, 2021
Bench: Vinit Kumar Mathur
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous 3rd Bail Application No. 3723/2021
Mohammad Jameel @ Khan S/o Bundu Ali, Aged About 37 Years,
Loharon Ka Mohalla, Ward No. 38, Tehsil Churu, District Churu
(Raj.). (Presently Lodged In District Jail Hanumangarh).
----Petitioner
Versus
State Of Rajasthan, Through Special Public Prosecutor Of
Narcotic Control Bureau, Jodhpur.
----Respondent
For Petitioner(s) : Mr. N.K. Gurjar
For Respondent(s) : Mr. S.K. Bhati
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
Judgment / Order
16/03/2021
The present 3rd
bail application has been filed under Section
439 Cr.P.C. on behalf of the petitioner who is in custody in
connection with FIR No.274/2019, Police Station Reserved Centre
Sangariya, District Hanumangarh for the offence punishable under
Sections 8/15, 8/25 and 8/29 NDPS Act.
Heard learned counsel for the petitioner and learned Public
Prosecutor. Perused the material available on record.
It is submitted on behalf of the petitioner that after dismissal
of the second bail application of the petitioner on 19.01.2021, the
statement of the Investigating Officer Indra Kumar has been
recorded as PW-4. He submits that even as per the statement of
PW-4, the present petitioner is not found to have any connectivity
with the recovery of contraband in question. He further submits
that except the petitioner being owner of the vehicle which was
(2 of 2) [CRLMB-3723/2021]
taken by the co-accused Rajendra Prasad Arya, there is no
evidence to show that the petitioner was involved in the offence
alleged. He further submits that except the statement of the co-
accused Sushil Kumar, there is no evidence to show the
involvement of the present petitioner. Co-accused Sushil Kumar
has already been enlarged on bail by this Court. The conclusion of
trial will take sufficiently long time, therefore, it is prayed that the
petitioner may be enlarged on bail.
Learned Public Prosecutor opposes the bail application.
Having regard to the totality of the facts and circumstances
of the case, without expressing any opinion on the merits of the
case, I deem it just and proper to grant bail to the accused
petitioner under Section 439 Cr.P.C.
Accordingly, the third bail application filed under Section 439
Cr.P.C. is allowed and it is directed that petitioner Mohammad
Jameel @ Khan S/o Bundu Ali, shall be released on bail in
connection with FIR No.274/2019, Police Station Reserved Centre
Sangariya, District Hanumangarh provided he furnishes a personal
bond in a sum of Rs.1,00,000/- (Rupees: One Lac Only) with two
sound and solvent sureties of Rs.50,000/- (Rupees: Fifty
Thousand Only) each to the satisfaction of learned trial court for
his appearance before that court on each and every date of
hearing and whenever called upon to do so till the completion of
the trial.
(VINIT KUMAR MATHUR),J
203-praveen/-
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