Raja @ Irshad S/O Siraj vs The State Of Rajasthan ...
2023 Latest Caselaw 6344 Raj/2

[2023:RJ-JP:31995]

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

     S.B. Criminal Miscellaneous Bail Application No. 13832/2023

Raja @ Irshad S/o Siraj, Aged About 26 Years, R/o Ward No. 18,
Satti Mohalla, Chhipabarod, P.s. Chhipabarod, District Baran
(Raj.) (Petitioner Is In Sub Jail Chhabara)
                                                                      ----Petitioner
                                       Versus
The State Of Rajasthan, Through Pp
                                                                    ----Respondent

For Petitioner(s)            :     Mr. Kishan Meena for
                                   Mr. Ali Mohammed Khan
For Respondent(s)            :     Mr. Laxman Meena, PP



           HON'BLE MR. JUSTICE ANIL KUMAR UPMAN

                                        Order

31/10/2023

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.387/2023 registered at Police Station

Chhipa Barod, District Baran for the offence under Section 8/21 of

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 co-accused- Jishan Ali, from whom 50 gram

smack (which is admittedly less then commercial quantity) was

recovered, has been granted bail by the Co-ordinate Bench of this

Court. He also submits that petitioner has been made accused in

this case solely on the basis of interrogation of the

co-accused- Jishan Ali, which cannot be used against the

petitioner as the same is inadmissible in evidence in view of

[2023:RJ-JP:31995] (2 of 3) [CRLMB-13832/2023]

provisions of Section 25 of the Evidence Act. Learned counsel has

relied upon the judgment rendered by Hon'ble Supreme Court in

the case of Tofan Singh Vs. State of Tamil Nadu reported in

AIR 2020 SC 5592. No other case of NDPS Act has been

registered against the petitioner. The petitioner is in custody since

20.09.2023 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

co-accused - Jishan Ali, who was found in possession of

contraband has already been granted bail by the Co-ordinate

Bench of this Court, looking to the custody period 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

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 - Raja @ Irshad S/o Siraj 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 shall appear before that Court and any court to

[2023:RJ-JP:31995] (3 of 3) [CRLMB-13832/2023]

which the matter is transferred, on all subsequent dates of hearing

and as and when called upon to do so.

(ANIL KUMAR UPMAN),J

258-Nirmala

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