ISAYA ZEBEDAYO HOMWA S/O ZEBEDAYO HOMWA MKODHA v. THE STATE OF RAJASTHAN
CRLMB/4933/2025 · 2025-05-16
Pramil Kumar Mathur
body2025
DailyLaw.ai
[ 2025 DAILYLAW 14894 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 14894 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:20754] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 4933/2025 Isaya Zebedayo Homwa S/o Zebedayo Homwa Mkodha, Aged About 28 Years, R/o Kasulu Dar Es Salam, Tanzania, At Present H.No. 38 Near Noida City, Central Station U.p., India. (At Present Confined In Central Jail, Jaipur). ----Petitioner Versus The State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Mohit Sharma For Respondent(s) : Mr. Naresh Kumar Gupta, PP with Mr. Shubham Sain, AAAG HON'BLE MR. JUSTICE PRAMIL KUMAR MATHUR
Order 16/05/2025
1. The petitioner has preferred this bail application under Section 483 of BNSS in FIR No.0051/2025 registered at Police Station-Pratap Nagar (Jaipur City East), District-Jaipur City (East) for offence under Section 8/21 of the NDPS Act.
2. Heard learned counsel for the petitioner as well as learned Public Prosecutor and perused the material available on record.
3.
Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. So called recovery made from other co-accused relates to below the commercial quantity. He further submits that the other co-accused Ahmad Danbuda Bello, Stephen Cathys & Fatumah from whose
[2025:RJ-JP:20754] (2 of 2) [CRLMB-4933/2025] conscious possession recovery has been made, have already been enlarged on bail by the Co-ordinate Bench of this Court. He further submits that although one criminal case of a similar nature is pending against the present petitioner but the FIR on that matter was registered on the same day of this incident. The petitioner is behind the Bar since 04.03.2025. The trial of the case may take considerable time, hence the bail application of the petitioner may be allowed.
4. Learned Public Prosecutor has vehemently opposed the bail application.
5. On consideration of the rival submission and material available on record and deliberating all the facts and circumstances of the case and without expressing any opinion on the merits/demerits of the case, I am inclined to grant benefit of bail to the petitioner.
6. Accordingly, the bail application under Section 483 B.N.S.S. is allowed and it is ordered that the petitioner-Isaya Zebedayo Homwa S/o Zebedayo Homwa Mkodha shall be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the learned trial court for his appearance before that Court on all the dates till conclusion of the trial.
(PRAMIL KUMAR MATHUR),J sunita/193