TOFIK @ MAMA S/O SHRI MOHHAD SHOKAT v. STATE OF RAJ
CRLMB/6473/2025 · 2025-08-13
Anil Kumar Upman
body2025
DailyLaw.ai
[ 2025 DAILYLAW 19053 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 19053 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:31661] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 6473/2025 Tofik @ Mama S/o Shri Mohhad Shokat, Aged About 29 Years, R/o Punhana, Police Staton Punhana, District Nuh State Hariyana At Present R/o House No. 1562, Bihari Tibba Kachchi Basti, New Sanjay Nagar, Bhatta Basti, Police Station Bhatta Basti, Jaipur. (Present Confined In Centre Jail Jaipur). ----Petitioner Versus State Of Raj, Through PP ----Respondent For Petitioner(s) : Mr. Vinod Kumar Sharma For Respondent(s) : Mr. N.S. Dhakar, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 13/08/2025
1. The instant bail application has been filed under Section 483 of BNSS, on behalf of the petitioner, who has been arrested in connection with FIR No.46/2025 registered at Police Station Bhatta Basti, District Jaipur City (North) for the offence punishable under Section 8/21 of NDPS Act. 2. It is contended by learned counsel for the petitioner that the accused-petitioner has falsely been implicated in this case. Counsel submits that admittedly, alleged recovered contraband (smack) is below commercial quantity. It is contended that trial will take considerable time in its conclusion. Counsel contends that petitioner is in custody since 28.02.2025 and further custody of the petitioner would not serve any fruitful purpose. [2025:RJ-JP:31661] (2 of 3) [CRLMB-6473/2025]
3. Learned Public Prosecutor opposes the submissions made by counsel for the petitioner and submits that 10 other cases have also been registered against the petitioner out of which two cases are under the NDPS Act. 4. At this stage, learned counsel for the petitioner submits that in one case, no recovery was made from the possession of the petitioner and another case was registered under Section 8/27 of NDPS Act which is related to personal consumption. 5. I have considered the contentions. 6. Having regard to the totality of the facts and circumstances of the case; considering the arguments advanced by learned counsel for the petitioner, especially considering the fact that alleged recovered contraband is below commercial quantity and trial will take considerable time in its conclusion 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 this bail application. 7.
This bail application is accordingly allowed and it is directed that accused-petitioner - Tofik @ Mama S/o Shri Mohhad Shokat, shall be released on bail provided, he shall furnish 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 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. [2025:RJ-JP:31661] (3 of 3) [CRLMB-6473/2025]
8. It is made clear that the accused-petitioner shall not involve in any other offence(s) during currency of the bail and he shall mark his presence in the first and third week of every month in the concerned police station, till trial is concluded. 9. Concerned SHO is directed to maintain a register recording the attendance of the petitioner. In case the petitioner fails to mark his presence in the concerned police station, the concerned SHO is directed to immediately report the matter to the concerned Court in this regard. 10. Office is directed to send a copy of this order to the concerned SHO for necessary compliance. 11. If any breach 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 him by this Court. 12. The observations made hereinabove are only for decision of the instant bail application and would not have any impact on the trial of the case in any manner. (ANIL KUMAR UPMAN),J CHARU SONI /121