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2025 DAILYLAW 2961 (RAJ)

SARFARZ MOHAMMED S/O SHARIF MOHAMMED v. STATE OF RAJASTHAN

CRLMB/456/2025 · 2025-02-05

Anil Kumar Upman

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2025:RJ-JP:5200] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 455/2025 Rahil Khan @ Anas S/o Raies Khan, Aged About 27 Years, R/o Makan No. 4538 Ghoda Nikas Road Ramganj Bazaar Police Station Ramganj Jaipur. (At Present Confined In Central Jail, Jaipur (Raj.). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent Connected With S.B. Criminal Miscellaneous Bail Application No. 456/2025 Sarfarz Mohammed S/o Sharif Mohammed, Aged About 27 Years, R/o Mansuri Mohalla Jamat Khana Road Bakani Police Station Bakani District Jhalawar (Raj) (At Present Confined In Central Jail, Jaipur (Raj.). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Rohit Khandelwal For Respondent(s) : Mr. N.S. Dhakar, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 05/02/2025 1. These bail applications have been filed under Section 483 of BNSS on behalf of the petitioners, who have been arrested in connection with FIR No.507/2024 registered at Police Station Jaisinghpura Khor, District Jaipur City (North) for offence punishable under Section 8/21 of NDPS Act. [2025:RJ-JP:5200] (2 of 3) [CRLMB-455/2025] 2. Learned counsel for the petitioners submits that petitioners have falsely been implicated in this case. It is submitted that admittedly, recovered contraband is below commercial quantity. Learned counsel contends that petitioners are in custody since 12.12.2024. Trial will take time in its conclusion and further custody of the petitioners would not serve any fruitful purpose. 3. Learned Public Prosecutor opposes submissions made by counsel for the petitioners. He submits that six other cases have been registered against the petitioner Rahil out of which, two cases have been registered under the NDPS Act whereas four other cases have been registered against the petitioner Sarfaraz out of which, three cases have been registered under the 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 petitioners as also considering the fact that alleged recovered contraband is below commercial quantity; petitioners are in custody since 12.12.2024 and trial will take time in its conclusion, but without commenting anything on merits and demerits of the case, I deem it proper to allow these bail applications. 6. These bail applications are accordingly allowed and it is directed that accused-petitioners (1) Rahil Khan @ Anas S/o Raies Khan, (2) Sarfarz Mohammed S/o Sharif Mohammed, shall be released on bail provided each of them shall furnish a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand [2025:RJ-JP:5200] (3 of 3) [CRLMB-455/2025] 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 they 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 petitioners shall not involve in similar offence(s) during currency of bail granted by this Court. The petitioners are further directed to mark their presence in the concerned police station in the first and third week 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 petitioners by this Court. 8. The observation made hereinabove is 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 /330-331