Rajasthan High Court
Shakeel @ Kalu S/O Shakoor vs State Of Rajasthan (2024:Rj-Jp:4817) on 30 January, 2024
Author: Anil Kumar Upman
Bench: Anil Kumar Upman
[2024:RJ-JP:4817]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous Bail Application No. 1036/2024
Shakeel @ Kalu S/o Shakoor, R/o Chimni Ke Pass Dhanna Talahe
Tonk, Police Station Kothwali District Tonk. (Presently Confined
In Central Jail, Tonk)
----Petitioner
Versus
State Of Rajasthan, Through Its Pp
----Respondent
For Petitioner(s) : Mr. Aman Ali
For Respondent(s) : Mr. Mangal Singh Saini, PP
HON'BLE MR. JUSTICE ANIL KUMAR UPMAN
Order
30/01/2024
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.473/2023 registered at Police Station
Niwai, District Tonk for the offence under Section 8/21 of NDPS
Act. Later on, police filed charge-sheet in this matter for the
offences under Sections 8/21 and 8/29 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
submits that no contraband has been recovered from the
possession of the petitioner. He also submits that petitioner has
been made accused in this matter solely on the basis of police
interrogation of co-accused namely Ramavtar @ Ramu who was
found in possession of smack weighing 5 gram 22 milligram.
Petitioner is in custody since 16.11.2023. Learned counsel for the
[2024:RJ-JP:4817] (2 of 3) [CRLMB-1036/2024]
petitioner 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. Charge-sheet has been
filed and trial will take considerable time. He also contends that
further custody of the petitioner would not serve any fruitful
purpose.
3. Learned Public Prosecutor opposes the bail application and
submits that seven other cases have been registered against the
petitioner. He further submits that out of seven cases, six cases
have been registered against the petitioner under NDPS Act.
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 no contraband
has been recovered from the possession of the petitioner and he
has been made accused on the basis of police interrogation of co-
accused who was found in possession of contraband; co-accused
of this case has already been granted bail by this Court; charge-
sheet has been filed as well as looking to the custody period, 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 - Shakeel @ Kalu S/o Shakoor 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
[2024:RJ-JP:4817] (3 of 3) [CRLMB-1036/2024]
stipulation that he 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 currency of bail granted by this Court.
The petitioner is further directed to mark his presence in the
concerned police station on 1 st and 15th of every month, till trial is
concluded. If breach of any of these conditions 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.
(ANIL KUMAR UPMAN),J
DEEPA RANI -15
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