Amir Khan S/O Nabbu Khan vs State Of Rajasthan
2022 Latest Caselaw 1376 Raj/2

      HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR

 S.B. Criminal Miscellaneous 2nd Bail Application No. 15660/2021
Amir Khan S/o Nabbu Khan, Resident Of Daudpur, Near Purani
Basti Mosque, Dist. Alwar. (Presently Confined To Central Jail,
Alwar)
                                                                  ----Petitioner
                                   Versus
State Of Rajasthan, Through Public Prosecutor.
                                                                ----Respondent

For Petitioner(s) : Mr. Abdul Mujeeb Khan, Adv. on behalf of Mr. Imran Khan, Adv.

through VC For Respondent(s) : Mr. Riyasat Ali, PP

HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA

Order

08/02/2022

1. This second bail application has been filed under Section 439

Cr.P.C. The petitioner has been arrested in connection with FIR

No.314/2021 Registered at Police Station Sadar, Alwar for the

offence(s) under Sections 8/21 and 8/22 of NDPS Act.

2. Learned counsel for the petitioner submits that the petitioner

has been falsely implicated in this case. He is behind the bars

since long. Charge-sheet has been filed against the petitioner.

Learned counsel for the petitioner relying on a judgment of

Hon'ble Delhi High Court dated 31.07.2020 in case of Iqbal Singh

Vs. State, Bail Application No.645/2020 and submits that

excluding the neutral substance, the total quantity of codeine

contained in bottles of cough syrup, comes to below the

commercial quantity. Petitioner has no criminal antecedents and

(2 of 2) [CRLMB-15660/2021]

conclusion of trial may take long time. So, the petitioner be

enlarged on bail.

3. Learned Public Prosecutor has opposed the second bail

application.

4. Considering the contentions put-forth by the counsel for the

petitioner and taking into account the facts and circumstances of

the case and without expressing any opinion on the merits of the

case, this court deems it just and proper to enlarge the petitioner

on bail.

5. Accordingly, the second bail application under Section 439

Cr.P.C. is allowed and it is ordered that the accused-petitioner

Amir Khan S/o Nabbu Khan shall be enlarged on bail provided

he furnishes a personal bond in the sum of Rs.50,000/- with two

sureties of Rs.25,000/- 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.

(NARENDRA SINGH DHADDHA),J

Jatin /14

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