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2025 DAILYLAW 34382 (RAJ)

MO. HASAN S/O MO. RAMJAN v. STATE OF RAJASTHAN

CRLMB/15547/2024 · 2025-01-16

Praveer Bhatnagar

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2025:RJ-JP:2164] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 15547/2024 Mo. Hasan S/o Mo. Ramjan, Aged About 30 Years, R/o 472, Ajaad Nagar Kacchi Basti, Jawahar Nagar, Byepass Road, Police Station Transport Nagar, Jaipur (At Present In Central Jail, Jaipur) ----Petitioner Versus State Of Rajasthan, Through P.P-. ----Respondent Connected With S.B. Criminal Miscellaneous Bail Application No. 423/2025 Sajid Qureshi @ Chimti S/o Shree Mohammed Mehraj Qureshi, Aged About 32 Years, R/o House Number 2/53, Ajad Nagar, Jawahar Nagar Byepass Road, Police Station Transport Nagar, Jaipur. (At Present In Central Jail, Jaipur) ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Javed Mohd. Khan For Respondent(s) : Mr. Rajendra Singh Shekhawat, PP HON'BLE MR. JUSTICE PRAVEER BHATNAGAR Order 16/01/2025 1. These instant bail applications have been filed under Section 483 BNSS on behalf of accused-petitioners. The petitioners have been arrested in connection with FIR No.306/2024 registered at Police Station Transport Nagar (Jaipur City East), District Jaipur City (East) for the offence(s) under Section 8/21 of NDPS Act. [2025:RJ-JP:2164] (2 of 3) [CRLMB-15547/2024] 2. Learned counsel for the accused-petitioners submits that the accused-petitioners have falsely been implicated in this case. It is alleged against the accused-petitioner Sajid Qureshi that he was transporting 20.78 grams of smack. It is also contended that against the accused-petitioner Mo. Hasan, it is alleged that he was supplying the contraband article to the accused-petitioner Sajid Qureshi. It is also contended that police has already produced the charge-sheet. The recovered quantity of smack is below commercial quantity. The accused-petitioners are in custody since long and trial/investigation of the case may take considerable time, therefore, the bail applications of the accused-petitioners may be allowed. 3. Learned Public Prosecutor has vehemently opposed the bail applications and contended that both the accused-petitioners are habitual offenders and against them, several cases pertaining to NDPS were registered, therefore, the bail applications of accused- petitioners may be dismissed. 4. Heard and perused the material available on record. 5. Considering the fact that the quantity of contraband articles recovered from the accused-petitioner Sajid Qureshi is below commercial quantity, similarly, from the other accused-petitioner Mo. Hasan, there is no recovery of any contraband article and he is involved solely on the basis of telephonic talks transpired between the accused-petitioner Mo. Hasan and the other accused-petitioner Sajid Qureshi. The trial/investigation of the case may take considerable time, thus, without expressing anything on the merits of the case, I deem it just and proper to enlarge the accused- petitioners on bail. [2025:RJ-JP:2164] (3 of 3) [CRLMB-15547/2024] 6. Accordingly, these bail applications under Section 483 BNSS are allowed and it is ordered that the accused-petitioners namely: 1. Mo. Hasan S/o Mo. Ramjan and 2. Sajid Qureshi @ Chimti S/o Shree Mohammed Mehraj Qureshi in connection with FIR No.306/2024 registered at Police Station Transport Nagar (Jaipur City East), District Jaipur City (East) shall be enlarged on bail provided they furnish a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge for their appearance before the court concerned on all the dates of hearing and as and when called upon to do so. The accused-petitioners are also directed to mark their presence on 25th of every month till conclusion of trial before the concerned police station. The SHO of the concerned police station shall send the presence report of the accused-petitioners to the trial court every month. In case of any breach to the above condition, the learned Public Prosecutor shall be free to move the applications against the petitioners for cancellation of the bail before the concerned Magistrate. (PRAVEER BHATNAGAR),J Keshav/243 & 13-S