Citation : 2023 Latest Caselaw 5477 Raj/2
Judgement Date : 3 October, 2023
[2023:RJ-JP:26028]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous II Bail Application No.
12070/2023
Naved Qureshi S/o Mohammed Chand, Aged About
32 Years, R/o Sarve No. 11, Near Bilal Masjid,
Bhatta Basti, Police Station Bhatta Basti, Jaipur,
(Petitioner Is In Central Jail Jaipur)
----Petitioner
Versus
State Of Rajasthan, Through P.p.
----Respondent
For Petitioner(s) : Mr. Ali Mohammed Khan, Adv.
For : Mr. Bhawani Shankar Sharma, Respondent(s) P.P.
HON'BLE MR. JUSTICE UMA SHANKER VYAS Judgment / Order
03/10/2023
This second bail application has been filed by
the petitioner under Section 439 Cr.P.C. seeking
regular bail in FIR No.423/2023 registered at Police
Station Vishwakarma, District Jaipur City (West) for
the offence(s) under Section(s) 8/21 of NDPS Act
and under Section(s) 3/25 of Arms Act.
The first bail application of the accused-
petitioner was dismissed as withdrawn by this Court
vide order dated 23.08.2023, giving liberty to the
accused-petitioner to file afresh after filing of the
charge sheet.
[2023:RJ-JP:26028] (2 of 3) [CRLMB-12070/2023]
Learned counsel for the petitioner submits that
the accused-petitioner is innocent and he has been
falsely implicated in this case. He further submits
that charge sheet has been filed and contraband
allegedly recovered from the possession of the
accused-petitioner is less than commercial quantity.
He 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 second bail application filed
under Section 439 Cr.P.C. is allowed and it is ordered
that accused-petitioner Naved Qureshi S/o
Mohammed Chand 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
[2023:RJ-JP:26028] (3 of 3) [CRLMB-12070/2023]
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 /05
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