Harshid Khan S/O Abud Khan vs State Of Rajasthan ...
2023 Latest Caselaw 5059 Raj/2

Citation : 2023 Latest Caselaw 5059 Raj/2
Judgement Date : 18 September, 2023

Rajasthan High Court

Harshid Khan S/O Abud Khan vs State Of Rajasthan ... on 18 September, 2023

Bench: Anil Kumar Upman

[2023:RJ-JP:23510]

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

     S.B. Criminal Miscellaneous Bail Application No. 3789/2023

Harshid Khan S/o Abud Khan, Aged About 27 Years, R/o Khoh
Nagoriyan, Rahim Nagar, Jaipur Ladawato Ka Mohalla, Jamdoli,
Jaipur (Raj.)
                                                                     ----Petitioner
                                        Versus
State Of Rajasthan, Through P.p.
                                                                   ----Respondent

For Petitioner(s) : Mr. Narendra Prasad Meena For Respondent(s) : Mr. Sanjeev Mahala, PP

HON'BLE MR. JUSTICE ANIL KUMAR UPMAN

Order

18/09/2023

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.75/2023

registered at Police Station Khoh-Nagoriyan, District Jaipur for the

offence under Section 8/21 of NDPS Act. During the course of

investigation, offence under Section 8/29 of the NDPS Act has also

been added.

2. Learned counsel for the petitioner submits that

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

further submits that petitioner has been made accused in this case

solely on the basis of information provided by the co-accused

persons, who were found in possession of 20g smack. He also

submits that co-accused - Pawan Maurya has been granted bail by

the Co-ordinate Bench of this Court. He submits that interrogation

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of the co-accused persons cannot be used against the petitioner

as the same is inadmissible in evidence in view of 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.

3. Learned Public Prosecutor opposes the bail application and

submits that contraband recovered in possession of the

co-accused persons was provided by the petitioner.

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 fact that petitioner has

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

provided by the co-accused persons and co-accused - Pawan

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

Court 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 Khoh-Nagoriyan, District

Jaipur in FIR No.75/2023 is directed that in the event of arrest of

the petitioner - Harshid Khan S/o Abud Khan, 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

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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 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