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2025 DAILYLAW 29746 (RAJ)

SHARUKH KHAN S/O SHOKAT KHAN v. STATE OF RAJASTHAN

CRLMB/11092/2024 · 2025-03-06

Anil Kumar Upman

body2025

Judgment text

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[2025:RJ-JP:10168] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 11092/2024 Sharukh Khan S/o Shokat Khan, Aged About 25 Years, R/o Khandar Mohalla, Dug, District Jhalawar (Raj). ( Petitioner Is In Sub Jail Ramganjmandi ). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Mohammad Rahil Kalam For Respondent(s) : Mr. M.S. Shekhawat, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 06/03/2025 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.325/2023 registered at Police Station Suket, District Kota Rural (Rajasthan) for the offences punishable under Sections 8, 15 & 18 of NDPS Act. Later on, police filed charge-sheet in this matter for the offences punishable under Sections 8, 15, 18, 29 & 25 of NDPS Act. 2. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. Counsel submits that petitioner has been made accused solely on the basis of police interrogation of co-accused who was found in possession of contraband. Counsel submits that there are no criminal antecedents of the petitioner of similar nature. Learned counsel has relied upon the judgment rendered by Hon’ble Supreme Court [2025:RJ-JP:10168] (2 of 3) [CRLMB-11092/2024] in the case of Tofan Singh Vs. State of Tamil Nadu reported in AIR 2020 SC 5592. Petitioner is in custody since 12.08.2024 and trial will take considerable time in its conclusion. Further custody of the petitioner would not serve any fruitful purpose. 3. Learned Public Prosecutor opposes the submissions made by counsel for the petitioner. 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 petitioner, especially the fact that no contraband has been recovered from the possession of the petitioner; absence of criminal antecedents of the petitioner of similar nature; period of custody & trial will take considerable time in its conclusion, but without commenting anything on the merits/demerits of the case, I deem it fit and proper to allow this bail application. 6. This bail application is accordingly allowed and it is directed that accused-petitioner Sharukh Khan S/o Shokat Khan 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 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. 7. 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 on first week of every month in the concerned [2025:RJ-JP:10168] (3 of 3) [CRLMB-11092/2024] police station. 8. 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. 9. 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. (ANIL KUMAR UPMAN),J LALIT MOHAN /8