Jakir Hussain vs State Of Rajasthan ...
2023 Latest Caselaw 4985 Raj

[2023/RJJD/016439]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous III Bail Application No. 347/2023

Jakir Hussain S/o Gulam Hussain, Aged About 35 Years, B/c Muslim, R/o Pipaliya Raoji, Mansa, Neemach (MP) (Lodged In Sub Jail Nohar).

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

----Respondent

For Petitioner(s) : Mr. Bhagirath Ray Bishnoi For Respondent(s) : Mr. Arun Kumar, PP

HON'BLE MR. JUSTICE VIJAY BISHNOI

Judgment / Order

19/05/2023 Heard learned counsel for the petitioner as well as learned

Public Prosecutor and also perused the material on record.

The petitioner has been arrested in FIR No.10/2020 of Police

Station Pallu, District Hanumangarh for the offences punishable

under Sections 8/18, 8/28 of NDPS Act. He has preferred this third

bail application under Section 439 Cr.P.C.

Learned counsel for the petitioner has submitted that as per

the prosecution story, 4 kgs opium was recovered from the

petitioner on 21.01.2020. It is also submitted that the other two

co-accused persons, namely, Imran and Aziz have already been

enlarged on bail by this Court vide orders dated 13.03.2023 and

04.05.2023 respectively. Learned counsel has further submitted

that the case of the petitioner is not distinguishable from those co-

accused, who have been enlarged on bail.

[2023/RJJD/016439] (2 of 2) [CRLMB-347/2023]

Learned Public Prosecutor has opposed the bail application,

however, he not in a position to dispute the fact that the case of

the petitioner is not distinguishable from the case of those co-

accused, who have been enlarged on bail.

Accordingly, this bail application filed under Section 439

Cr.P.C. is allowed and it is directed that petitioner Jakir Hussain

S/o Gulam Hussain shall be released on bail in connection with

FIR No.10/2020 of Police Station Pallu, District Hanumangarh

provided he executes a personal bond in a sum of Rs.1,00,000/-

with two sound and solvent sureties of Rs.50,000/- each to the

satisfaction of learned trial court for his appearance before that

court on each and every date of hearing and whenever called upon

to do so till the completion of the trial.

(VIJAY BISHNOI),J

19-AjaySingh/-

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