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2025 DAILYLAW 18260 (RAJ)

IJLAL AHMED @ ISRAR S/O EJAJ AHMED v. STATE OF RAJASTHAN

CRLMB/6322/2025 · 2025-07-29

Ashutosh Kumar

body2025

Judgment text

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[2025:RJ-JP:28627] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 6322/2025 Ijlal Ahmed @ Israr S/o Ejaj Ahmed, Aged About 45 Years, R/o Behind Kanya Hostel, Police Station Gumanpura, District Kota City (Rajasthan) (At Present Confined In Central Jail Kota, District Kota). ----Accused/Applicant Versus State of Rajasthan, Through PP ----Respondent For Applicant : Mr. Rajesh Gadwal, Adv. with Mr. Waseem Akram, Adv. For Respondent : Mr. Vivek Sharma, Addl.G.A. HON'BLE MR. JUSTICE ASHUTOSH KUMAR Order 29/07/2025 1. The present bail application has been filed by the accused- applicant under Section 483 of the B.N.S.S., 2023 against the order dated 29.04.2025 passed by learned Special Judge, Narcotic Drugs and Psychotropic Substances Cases, Kota in Bail Application No.196/2025 arising out of FIR No.118/2025, registered at Police Station Gumanpura, Kota City for the offences punishable under Section 8/21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the 'Act of 1985') by which the bail application of the accused-applicant under Section 483 of the B.N.S.S., 2023 has been dismissed. 2. Learned counsel for the accused-applicant submits that the accused-applicant has falsely been implicated in this case. [2025:RJ-JP:28627] (2 of 3) [CRLMB-6322/2025] Learned counsel also submits that no contraband has been recovered from the possession of the accused-applicant and he has been made accused only on the basis of statement of the co-accused-Abdul Hameed, from whose possession about 11 grams 'smack' has been recovered. Learned counsel argues that the co-accused-Abdul Hameed has already been granted benefit of bail vide order dated 30.06.2025 passed by the Coordinate Bench of this Court in S.B. Criminal Misc. II Bail Application No.7598/2025. 3. Learned counsel for the accused-applicant contends that the accused-applicant was arrested on 16.04.2025 and since then, he is behind the bars. Learned counsel also contends that as per the impugned order dated 29.04.2025 passed by learned trial Court, 26 other criminal cases have been found to be registered against the accused-applicant, out of which in 12 cases, the accused- applicant has been acquitted and in other remaining cases, he is on bail. Learned counsel further contends that the charge-sheet has already been filed and trial will take long time to conclude, therefore, the accused-applicant be granted benefit of bail. 4. Learned Additional Government Advocate vehemently opposes this bail application and submits that looking to the large number of criminal cases registered against the accused-applicant, he should not be enlarged on bail. 5. Heard learned counsel for the parties and also perused the material available on record. 6. Considering the overall facts and circumstances of the case, looking to the period of custody of the accused-applicant; the fact [2025:RJ-JP:28627] (3 of 3) [CRLMB-6322/2025] that no recovery has been made from the possession of the accused-applicant; that the charge-sheet has been filed and trial will take long time to conclude, but without expressing any opinion on the merits/demerits of the case, this Court deems it proper to allow the bail application filed by the applicant. 7. Consequently, this bail application filed under Section 483 of the B.N.S.S., 2023 is allowed. It is ordered that accused-applicant Ijlal Ahmed @ Israr S/o Ejaj Ahmed, arrested in connection with FIR No.118/2025, registered at Police Station Gumanpura, Kota City shall be released on bail; provided he furnishes personal bond in the sum of Rs.1,00,000/- and two solvent attested sureties of Rs.50,000/- to the satisfaction of the trial Court. Applicant shall be required to appear before that Court on all dates of hearing and as and when called upon to do so. (ASHUTOSH KUMAR),J AARZOO ARORA /133