Mazid @ Munna S/O Abdul Rashid vs State Of Rajasthan ...
2023 Latest Caselaw 6092 Raj/2

[2023:RJ-JP:30077]

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

     S.B. Criminal Miscellaneous Bail Application No. 12241/2023

Mehafuj Khan @ Manjoor S/o Mehanun @ Mehamud, Aged About
35 Years, R/o Behind Prem Ji Ki Hotel, Chhabara, P.s. Chhabara,
Distt. Baran. (Raj.) (Petitioner Is In Sub Jail Chhabara)
                                                                   ----Petitioner
                                    Versus
The State Of Rajasthan, Through Pp
                                                                 ----Respondent

Connected With S.B. Criminal Miscellaneous Bail Application No. 13381/2023 Mazid @ Munna S/o Abdul Rashid, Aged About 35 Years, R/o Naya Mohalla, Cheepabador Presently At Shastri Nagar, Ps Chhabra, Distt. Baran (Raj.).

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


For Petitioner(s)         :     Mr. Kishan Meena &
                                Mr. Laxmi Kant Arya with
                                Mr. Ali Mohammed Khan
                                Mr. Mukesh Pal Jadoun
For Respondent(s)         :     Mr. Chandragupt Chopra, PP



           HON'BLE MR. JUSTICE ANIL KUMAR UPMAN

                                     Order

17/10/2023

S.B. Criminal Misc. Bail Application No. 12241/2023:-

1. The instant bail application has been filed under Section 439

of Cr.P.C. on behalf of the petitioner, who has been arrested in

connection with FIR No.414/2023 registered at Police Station

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Chhabra, District Baran for the offences under Sections 8, 21 & 29

NDPS Act.

2. It is contended by learned counsel for the petitioner that the

accused-petitioner has falsely been implicated in this case. He

further submits that according to the prosecution case, the

petitioner was found in possession of the 6 gram smack, which is

admittedly less than commercial quantity. There are no previous

criminal antecedents of the petitioner. The petitioner is in custody

since 11.09.2023 and trial of the case will take considerable time.

He also contends that further custody of the petitioner would not

serve any fruitful purpose.

3. Learned Public Prosecutor has opposed the bail application.

4. I have considered the contentions.

5. Having regard to the totality of the facts and circumstances

of the case; considering the arguments advanced by learned

counsel for the petitioner, especially the fact that alleged

recovered contraband is below commercial quantity and there are

no previous criminal antecedents of the petitioner, but without

commenting anything on the merits/demerits of the case, I deem

it proper to allow the bail application.

6. This bail application is accordingly allowed and it is directed

that accused-petitioner - Mehafuj Khan @ Manjoor S/o

Mehanun @ Mehamud shall be released on bail provided he

furnishes a personal bond in the sum of Rs.50,000/- (Rupees Fifty

Thousand Only) together with two sureties in the sum of

Rs.25,000/- (Rupees Twenty Five Thousand Only) each to the

satisfaction of the learned Trial Court with the stipulation that he

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shall appear before that Court and any court to which the matter

is transferred, on all subsequent dates of hearing and as and when

called upon to do so.

7. However, it is made clear that the petitioner shall not involve

in similar offence(s) during pendency of bail granted by this Court.

If breach of this condition is reported or come to the notice of the

Court, the same shall alone be a reason for the trial court to

cancel the bail granted to petitioner by this Court.

S.B. Criminal Misc. Bail Application No. 13381/2023-

1. The instant pre-arrest bail application has been filed under

Section 438 Cr.P.C. on behalf of the petitioner, who is having

apprehension of his arrest in connection with FIR No.414/2023

registered at Police Station Chhabra, District Baran for the

offences under Sections 8, 21 & 29 of NDPS Act.

2. Learned counsel for the petitioner submits that

accused-petitioner has falsely been implicated in this case. He

submits that petitioner has been made accused in this case solely

on the basis of information provided by co-accused person. He

also submits that no recovery has been affected from the

possession of the petitioner. He submits that interrogation of the

co-accused cannot be used against the petitioner as the same is

inadmissible in evidence in view of provisions of Section 25 of the

Evidence Act. There are no previous criminal antecedents of the

petitioner. He submits that custodial interrogation of the petitioner

is not required in this matter. Learned counsel has relied upon the

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judgment rendered by Hon'ble Supreme Court in the case of

Tofan Singh Vs. State of Tamil Nadu reported in AIR 2020

SC 5592.

3. Learned Public Prosecutor opposes the bail application.

4. Considering the contentions put-forth by the counsel for the

petitioner and taking into account the totality of facts and

circumstances of the case, especially the facts that petitioner has

been made accused in this case solely on the basis of information

provided by the co-accused person, no recovery has been affected

from the possession of the petitioner, there are no previous

criminal antecedents of the petitioner and so also keeping in view

the law laid down by the Hon'ble Supreme Court in the case of

Tofan Singh (supra), but without expressing any opinion on the

merits/demerits of the case, this court deems it just and proper to

allow the anticipatory bail application.

5. Accordingly, the anticipatory bail application is allowed. The

S.H.O/I.O/Arresting Officer, Police Station Chhabra, District Baran

in FIR No.414/2023 is directed that in the event of arrest of the

petitioner - Mazid @ Munna S/o Abdul Rashid, he shall be

released on bail, provided he furnishes a personal bond in the

sum of Rs.50,000/- with two sureties in the sum of Rs.25,000/-

each to the satisfaction of the S.H.O/I.O/Arresting Officer of the

concerned Police Station on the following conditions:-

(i) that the petitioner shall make himself available for interrogation by a police officer as and when required;

(ii) that the petitioner shall not directly or

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indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or any police officer, and

(iii) that the petitioner shall not leave India without previous permission of the court.

(ANIL KUMAR UPMAN),J

94-95-Nirmala

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