Hussaindeen S/O Naseer vs State Of Rajasthan (2024:Rj-Jp:13233)
2024 Latest Caselaw 1911 Raj/2

Rajasthan High Court

Hussaindeen S/O Naseer vs State Of Rajasthan (2024:Rj-Jp:13233) on 18 March, 2024

Author: Anil Kumar Upman

Bench: Anil Kumar Upman

[2024:RJ-JP:13233]

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

     S.B. Criminal Miscellaneous Bail Application No. 3184/2024

Hussaindeen S/o Naseer, R/o Village Mahendika, Police Station
Chaupanki, District Khairthal-Tijara (Rajasthan) (At Present
Accused Confined In Sub Jail Kishangarh Bas, Alwar).
                                                                   ----Petitioner
                                    Versus
State Of Rajasthan, Through Pp
                                                                 ----Respondent

For Petitioner(s)         :     Mr. Aslam S. Khan
For Respondent(s)         :     Mr. Sanjeev Mahala, PP



           HON'BLE MR. JUSTICE ANIL KUMAR UPMAN

                                     Order

18/03/2024

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.06/2023 registered at Police Station

Shekhpur Aheer, District Bhiwadi for the offence punishable under

Section 8/20 of NDPS Act. Later on, police filed charge-sheet in

this matter for the offences punishable under Sections 8/20, 8/29

& 42 of NDPS Act.

2. It is contended by counsel for the petitioner that the

petitioner has falsely been implicated in this case. He submits that

petitioner was not found in possession of the alleged contraband.

He submits that petitioner has been made accused in this case

solely on the basis of police interrogation of the co-accused. He

submits that co-accused persons namely- Saddeek, Sajid and

Taiyyab, who were found in possession of the alleged contraband

[2024:RJ-JP:13233] (2 of 3) [CRLMB-3184/2024]

have already been granted benefit of bail by this court. Counsel

places reliance upon the judgment passed by Hon'ble Supreme

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

reported in AIR 2020 SC 5592. It is submitted that there are no

criminal antecedents of similar nature against the petitioner.

Petitioner is in custody since his date of arrest. Charge-sheet has

been filed and trial will take considerable time. Further custody of

the petitioner would not serve any fruitful purpose.

3. Learned Public Prosecutor opposes the bail application.

4. I have considered the contentions.

5. Having regard to the totality of the facts and circumstances;

considering the arguments advanced by learned counsel for the

petitioner, especially the fact that petitioner was not found in

possession of the alleged contraband and aforementioned co-

accused persons of this case have been granted benefit of bail by

this court, absence of criminal antecedents of similar nature;

charge-sheet has been filed so also keeping in view the law laid

down by the Hon'ble Supreme Court in the case of Tofan Singh

(supra) as well as looking to the custody period of the petitioner,

but without expressing any opinion on the merits or demerits of

this case, this Court deems it just and proper to enlarge the

petitioner on bail.

6. This bail application is accordingly allowed and it is directed

that accused petitioner - Hussaindeen S/o Naseer, 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

[2024:RJ-JP:13233] (3 of 3) [CRLMB-3184/2024]

only) each to the satisfaction of the learned trial court with the

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.

(ANIL KUMAR UPMAN),J

GAUTAM JAIN /38

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