Mohammad Umar vs State Of Rajasthan ...
2023 Latest Caselaw 2563 Raj

[2023/RJJD/008133]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

S.B. Criminal Miscellaneous Bail Application No. 3209/2023

Waseem Cheeta S/o Sh. Chhotu Cheeta, Aged About 25 Years, R/o Hanuman Colony, City And Ps Beawar, Dist. Ajmer (Rajasthan). (Presently Lodged At Central Jail Bhilwara).

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

----Respondent Connected With S.B. Criminal Miscellaneous Bail Application No. 3179/2023 Mahendra Banjara S/o Sh. Jagdishchandra Banjara, Aged About 23 Years, Jiv Nayak Kheda, P.s. Gangrar, Dist. Chittorgarh. (At Present Lodged In Dist. Jail, Bhilwara).

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

----Respondent S.B. Criminal Miscellaneous Bail Application No. 3180/2023 Mohammad Umar S/o Abdul Rajjak Khan Gouri Pathan, Aged About 50 Years, W.no. 4, Kalidas Marg, Juna Bazar Nimach, P.s. Nimach City, Dist. Nimach (Mp) (Presently Lodged In Dist. Jail, Bhilwara).

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

----Respondent

For Petitioner(s) : Mr. Harshad Bhadu Mr. Rakesh Matoria Mr. Shanbhoo Singh For Respondent(s) : Mr. SK Bhati, PP

HON'BLE MR. JUSTICE PRAVEER BHATNAGAR

[2023/RJJD/008133] (2 of 3) [CRLMB-3209/2023]

Judgment / Order

29/03/2023

The instant bail application have been filed under Section

439 Cr.P.C. on behalf of accused-petitioners Waseem Cheeta,

Mahendra Banjara and Mohammad Umar. The petitioners have

been arrested in connection with FIR No. 66/2023 registered at

Police Station Pur, District Bhilwara for the offence(s) under

Sections 8/21, 29 of NDPS Act.

Learned counsel for the petitioners submits that the narcotic

contraband weighing 20 grms smack was recovered at the

instance of the petitioners, which is below commercial quantity.

Therefore, the benefit of grant of bail may be granted to the

accused-petitioner.

Per contra, learned Public Prosecutor opposes the grant of

bail applications.

Considering the arguments advanced by the counsel for the

parties and looking to the overall facts and circumstances of the

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

petitioners on bail.

Accordingly, the bail applications under Section 439 Cr.P.C.

are allowed and it is ordered that the accused-petitioners Waseem

Cheeta S/o Sh. Chhotu Cheeta, Mahendra Banjara S/o Sh.

Jagdishchandra Banjara and Mohammad Umar S/o Abdul Rajjak

Khan Gouri Pathan in connection with FIR No. 66/2023 registered

at Police Station Pur, District Bhilwara shall be enlarged on bail

provided each of them furnish 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 their appearance before

[2023/RJJD/008133] (3 of 3) [CRLMB-3209/2023]

the court concerned on all the dates of hearing as and when they

are called upon to do so.

(PRAVEER BHATNAGAR),J 283-285 mohit/-

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