Rajasthan High Court
Ahsan S/O Ansar Ahmad vs State Of Rajasthan (2024:Rj-Jp:4097) on 24 January, 2024
Author: Anil Kumar Upman
Bench: Anil Kumar Upman
[2024:RJ-JP:4097]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous Bail Application No. 921/2024
Ahsan S/o Ansar Ahmad, R/o Nehru Colony, Civil Line, Nayapura,
Kota (Raj.)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Rajesh Gadwal
For Respondent(s) : Mr. M. K. Sheoran, PP
HON'BLE MR. JUSTICE ANIL KUMAR UPMAN
Order
24/01/2024
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.249/2023
registered at Police Station Kotwali Bundi, District Bundi for the
offence under Section 8/21 of NDPS Act.
2. Learned counsel for the petitioner submits that accused-
petitioner has falsely been implicated in this case. He submits that
according to the prosecution case, co-accused person namely
Parmanand was found in the possession of 5 gram 35 milligram of
'smack' which is marginally above from the small quantity. He
submits that co-accused-Parmanand has already been granted bail
by the court below. He submits that petitioner has been implicated
in this case solely on the basis of interrogation of the co-accused-
Parmanand. Learned counsel for the petitioner relied upon the
[2024:RJ-JP:4097] (2 of 3) [CRLMB-921/2024]
Judgment of Apex Court in the case of Tofan Singh Vs. State of
Tamil Nadu reported in AIR 2020 SC 5592. He also submits
that custodial interrogation of petitioner is not required in this
matter.
3. Learned Public Prosecutor opposes the bail application but
fairly concedes that no other case has been registered against the
petitioner and he has been implicated in this case solely on the
basis of interrogation of the co-accused.
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 implicated in this case solely on the basis of interrogation of
the co-accused-Parmanand, so also keeping in view the law laid
down by the Hon'ble Supreme Court in the case of Tofan Singh
Vs. State of Tamil Nadu reported in AIR 2020 SC 5592, but
without expressing any opinion on the merits/demerits of the
case, this court deems it just and proper to allow this anticipatory
bail application.
5. Accordingly, the anticipatory bail application is allowed. The
S.H.O/I.O/Arresting Officer, Police Station Kotwali Bundi, District
Bundi in FIR No.249/2023 is directed that in the event of arrest of
the petitioner - Ahsan S/o Ansar Ahmad, 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:-
[2024:RJ-JP:4097] (3 of 3) [CRLMB-921/2024]
(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
(iii) that the petitioner shall not leave India
without previous permission of the court.
(ANIL KUMAR UPMAN),J
GAUTAM JAIN /223
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