Jahid Ali S/O Barkat Ali vs State Of Rajasthan ...
2023 Latest Caselaw 2695 Raj/2

[2023/RJJP/003789]

HIGH COURT OF JUDICATURE FOR RAJASTHAN
            BENCH AT JAIPUR

   S.B. Criminal Miscellaneous Bail Application No.
                           2863/2023

Jahid Ali S/o Barkat Ali, R/o Opp. Munna Tailor,
Sakatpura, Kota, District Kota (Raj.) (At Present
Confined In District Jail Bundi, District Bundi)
                                                        ----Petitioner
                               Versus
State of Rajasthan, Through P.p.
                                                    ----Respondent

For Petitioner(s) : Ms. Heena Bano (present in person), daughter of accused-

                          petitioner
For                     : Mr. Ghan Shyam Singh
Respondent(s)             Rathore, GA-cum-AAG &
                          Mr. Sanjeev Mahala, P.P.

HON'BLE MR. JUSTICE UMA SHANKER VYAS Judgment / Order

08/03/2023

This bail application has been filed by the

petitioner under Section 439 Cr.P.C. seeking regular

bail in FIR No.52/2023 registered at Police Station

Taleda, District Bundi for the offence(s) under

Section(s) 8/21 & 8/29 of NDPS Act.

Ms. Heena Bano, daughter of accused-petitioner

submits that the accused-petitioner is innocent and

he has falsely been implicated in this case. She

further submits that contraband allegedly recovered

from the possession of the accused-petitioner is less

[2023/RJJP/003789] (2 of 2) [CRLMB-2863/2023]

than commercial quantity. She also submits that the

accused-petitioner has been in judicial custody since

long and the conclusion of the trial will take long

time, hence the petitioner may be enlarged on bail.

Learned Public Prosecutor appearing for the

State has opposed the bail application.

Taking into consideration the overall facts and

circumstances of the case and the fact that

contraband allegedly recovered from the possession

of the accused-petitioner is less than commercial

quantity, but without expressing any opinion on the

merits and demerits of the case, this Court deems it

just and proper to enlarge the petitioner on bail.

Accordingly, the bail application filed under

Section 439 Cr.P.C. is allowed and it is ordered that

accused-petitioner Jahid Ali S/o Barkat Ali shall be

released on bail, provided he furnishes a personal

bond in the sum of Rs.1,00,000/- with two sureties

of Rs.50,000/- each to the satisfaction of the trial

Court, with the stipulation that the petitioner shall

appear before that Court on all subsequent dates of

hearing and as and when called upon to do so.

(UMA SHANKER VYAS),J

DANISH USMANI /74

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