Afzal vs State Of Rajasthan
2022 Latest Caselaw 8153 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 4633/2022

Afzal S/o Julfikar @ Julfikar Ali, Aged About 33 Years, R/o Old Bus Stand House No. 51, P.S. City Kotwali, Mandsaur, Distt. Mandsaur (M.P.).

(Presently Lodged At Dist. Jail Pratapgarh)

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

----Respondent

For Petitioner(s) : Mr. Manish Kumar Pitaliya. For Respondent(s) : Mr. M.A. Siddiqui, P.P.

HON'BLE MR. JUSTICE KULDEEP MATHUR (VACATION JUDGE)

Judgment / Order

13/06/2022

This application for bail under Section 439 Cr.P.C. has been

filed by the petitioner who has been arrested in connection with

F.I.R. No.34/2022, registered at Police Station Hathuniya, District

Pratapgarh, for offence under Section 8/21 of the N.D.P.S. Act.

Heard learned counsel for the petitioner as also the learned

Public Prosecutor and perused the material available on record.

Learned counsel for the petitioner submits that the

contraband recovered is below commercial quantity and no other

cases are pending against him. Counsel further submits that

charge sheet has already been filed. The petitioner is in judicial

custody and the trial of the case will take sufficiently long time,

(2 of 2) [CRLMB-4633/2022]

therefore, the benefit of bail should be granted to the accused-

petitioner.

Learned Public Prosecutor is not in a position to refute the

submissions made by learned counsel for the petitioner.

Having considered the rival submissions, facts and

circumstances of the case, without expressing any opinion on

merits/demerits of the case, this Court is of the opinion that the

bail application filed by the petitioner deserves to be accepted.

Consequently, the bail application under Section 439 Cr.P.C.

is allowed. It is ordered that the accused-petitioner Afzal S/o

Julfikar @ Julfikar Ali arrested in connection with F.I.R.

No.34/2022, registered at Police Station Hathuniya, District

Pratapgarh shall be released on bail, if not wanted in any other

case, provided he furnishes a personal bond of Rs.50,000/-

(Rupees Fifty Thousand) and two sureties of Rs.25,000/- (Rupees

Twenty Five Thousand) each, to the satisfaction of learned trial

court, for his appearance before that court on each & every date

of hearing and whenever called upon to do so till completion of the

trial.

(KULDEEP MATHUR), VJ 1-Prashant/-

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