Farukh Khan @ Bachhi vs State Of Rajasthan
2022 Latest Caselaw 5045 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 4221/2022

Farukh Khan @ Bachhi S/o Shri Heer Khan, Aged About 30 Years, R/o Saranwas, Police Station Sadar, Nagaur.

(At Present Lodged In District Jail, Nagaur)

----Petitioner Versus State Of Rajasthan, Through Pp

----Respondent

For Petitioner(s) : Mr. Lal Singh Rathore. For Respondent(s) : Mr. Mukhtiyar Khan, P.P.

HON'BLE MR. JUSTICE MANOJ KUMAR GARG

Judgment / Order

04/04/2022

The present bail application has been filed under Section 439

Cr.P.C. The petitioner has been arrested in connection with F.I.R.

No.120/2022, Police Station Kotwali, District Nagaur, for the

offence punishable under Section 8/21 N.D.P.S. Act.

Learned counsel for the petitioner submits that the recovered

contraband is below commercial quantity. He further submits that

similarly situated co-accused Sumer Singh has already been

enlarged on bail by this Court and the case of present petitioner is

not distinguishable from that of the co-accused. The petitioner is

in judicial custody and the trial of the case will take sufficient long

time. Therefore, the benefit of bail should be granted to the

accused-petitioner.

Learned Public Prosecutor has opposed the bail application.

(2 of 2) [CRLMB-4221/2022]

I have considered the arguments advanced before me and

gone through the material available on record.

Taking into account the facts and circumstances of the case,

without commenting on the merits of the case, this Court deems it

just and proper to release the petitioner on bail.

Accordingly, the bail application under Section 439 Cr.P.C. is

allowed and it is ordered that the accused-petitioner Farukh Khan

@ Bachhi S/o Shri Heer Khan shall be enlarged on bail in F.I.R.

No.120/2022, Police Station Kotwali, District Nagaur provided he

furnishes a personal bond in the sum of Rs.2,00,000/- with two

sureties of Rs.1,00,000/- each to the satisfaction of the learned

trial Judge for his appearance before the court concerned on all

the dates of hearing as and when called upon to do so.

(MANOJ KUMAR GARG),J 70-prashant/-

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