Jahid Husain S/O Shri Kallu Khan vs State Of Rajasthan ...
2023 Latest Caselaw 5427 Raj/2

[2023:RJ-JP:25704]

HIGH COURT OF JUDICATURE FOR RAJASTHAN
            BENCH AT JAIPUR

 S.B. Criminal Miscellaneous III Bail Application No.
                            11188/2023

Jahid Husain S/o Shri Kallu Khan, R/o Dareshah
Baba      Chauk,        Jawahar         Colony,          Luharon    Ka
Jamatkhana, Bundi Police Station Kotwali, District
Bundi (Raj.) (At Present Confined In District Jail,
Bundi).                                                  ----Petitioner
                                Versus
State Of Rajasthan, Through Pp                      ----Respondent

For Petitioner(s) : Mr. Ashindra Gautam, Adv.

For                      : Mr. Babu Lal Nasuna, P.P.
Respondent(s)

HON'BLE MR. JUSTICE UMA SHANKER VYAS Judgment / Order

29/09/2023

This third bail application has been filed by the

petitioner under Section 439 Cr.P.C. seeking regular

bail in FIR No.486/2022 registered at Police Station

Sadar Bundi, District Bundi for the offence(s) under

Section(s) 8/21 of NDPS Act.

The first and second bail applications of the

accused-petitioner was dismissed by this Court vide

orders dated 07.02.2023 & 07.08.2023 respectively.

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 amount of contraband involved in this case is

[2023:RJ-JP:25704] (2 of 2) [CRLMB-11188/2023]

less than commercial. He also submits that the

accused-petitioner has been in judicial custody since

17.09.2022 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 amount

of contraband involved in this case is less than

commercial, 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 third bail application filed under

Section 439 Cr.P.C. is allowed and it is ordered that

accused-petitioner Jahid Husain S/o Shri Kallu

Khan 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 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 /03

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