[2025:RJ-JP:8597] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 14119/2024 Mohamad S/o Reda Abdelnaby Mohamed, Aged About 24 Years, Address City Cairo Street No. 0452 H.No. 02ABaaouhefa Egypt At Present Plot No. 05 Budh Vihar- II Shyam Angan -II Floor Flet No. S-2 PS Ramnagariya Jagatpura Jaipur (At Present Confined In Centre Jail Jaipur). ----Accused-Petitioner Versus State Of Rajasthan, Through PP ----Respondent Connected With S.B. Criminal Miscellaneous Bail Application No. 14526/2024 1. Emuneal S/o Awadh Msuya, Aged About 33 Years, Address Dar-E-Salam Wazohill Twiga Cement Factory Tanjaniya At Present Add. Beanimal Hostel Malviya Nagar, Delhi, At Present Plot No. 5 Budh Vihar -II Shyam Angan II Floor Flet No. S-2 PS Ramnagariya Jajatpura, Jaipur (At Present Confined In Centre Jail Jaipur). 2. Antonia W/o Ucha, Aged About 37 Years, Address Dar-E- Salam Wazohill Twiga Cement Factory Tanjaniya At Present Plot No. 5 Budh Vihar -II Shyam Angam II Floor Flet No. S- 2 PS Ramnagariya Jajatpura, Jaipur (At Present Confined In Centre Jail Jaipur). 3. Pauline Wanjiku D/o Karoki, Aged About 41 Years, Address Kenyan At Present Plot No. 5 Budh Vihar -II Shyam Angan II Floor Flet No. S-2 Ps Ramnagariya Jajatpura, Jaipur (At Present Confined In Centre Jail Jaipur). 4. Priscilla Wambui D/o Myokah, Aged About 25 Years, Address Kenyan At Present Plot No. 5 Budh Vihar -II Shyam Angan II Floor Flet No. S-2 PS Ramnagariya Jajatpura, Jaipur (At Present Confined In Centre Jail Jaipur). ----Accused-Petitioners Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Ashok Choudhary, Adv., with Mr. Rajendra Singh Rajawat, Adv. and Mr. Vinod Kumar Sharma, Adv. For Respondent(s) : Ms. Arti Sharma, PP with Mr. Shubham Sain, AAAG [2025:RJ-JP:8597] (2 of 4) [CRLMB-14119/2024] HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 25/02/2025 1. These instant bail applications have been filed under Section 483 of BNSS on behalf of the petitioners, who have been arrested in connection with FIR No.561/2024 registered at Police Station Ramnagariya, District Jaipur City (East) for the offences punishable under Sections 8/21 of NDPS Act and Section 14 of Foreigners Act, 1946. Later on, Police filed charge-sheet in this matter. 2. It is contended by learned counsel for the petitioners that the accused-petitioners have falsely been implicated in this case. As per prosecution case, petitioners were found in possession of contraband i.e., cocaine (47 gms), which is admittedly below commercial quantity. It has been alleged that petitioners were staying in India, despite expiry of validity of visa. There are no criminal antecedents against the petitioners. Charge-sheet has already been filed and trial of the case will take considerable time in its conclusion. Petitioners are in custody since their date of arrest and further custody of the petitioners would not serve any fruitful purpose. 3. Learned Public Prosecutor opposes the submissions made by the learned counsel for the petitioners and submits that contraband has been recovered from the possession of the petitioners and they are foreigners. 4. I have considered the contentions. [2025:RJ-JP:8597] (3 of 4) [CRLMB-14119/2024] 5. Having regard to the totality of the facts and circumstances of the case; considering the arguments advanced by learned counsel for the petitioners, especially the fact that alleged recovered contraband is below commercial quantity; absence of criminal antecedents; charge-sheet has been filed and trial will take time in its conclusion as well as looking to the period of custody, but without commenting anything on the merits/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. Mohamad S/o Reda Abdelnaby Mohamed, 2. Emuneal S/o Awadh Msuya, 3. Antonia W/o Ucha, 4. Pauline Wanjiku D/o Karoki and 5. Priscilla Wambui D/o Myokah shall be released on bail provided each of them 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 each of them 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-petitioners shall not involve in any other offence(s) during currency of the bail and they shall mark their presence in first week of every month in the concerned police station, till trial is concluded. 8. Concerned SHO is directed to maintain a register recording the attendance of the petitioners, as directed above. In case the [2025:RJ-JP:8597] (4 of 4) [CRLMB-14119/2024] petitioners fail to mark their presence in the concerned police station, as directed above, the concerned SHO is directed to immediately report the matter to the concerned Court in this regard. 9. 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 them by this Court. 10. Pending application(s), if any, stands disposed of. (ANIL KUMAR UPMAN),J MADAN/52-53