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2025 DAILYLAW 36815 (RAJ)

SHEKH AMZAD S/O ABDUL RAZZAK v. THE STATE OF RAJASTHAN

CRLMB/12051/2025 · 2025-10-03

Ashutosh Kumar

body2025

Judgment text

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[2025:RJ-JP:40088] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous II Bail Application No. 12051/2025 Shekh Amzad S/o Abdul Razzak, Aged About 39 Years, R/o Khandar Mohalla Dug, Police Station Dug, District Jhalawar (Raj.) (Petitioner Is In Sub Jail Bhawanimandi). ----Accused/Applicant Versus The State Of Rajasthan, Through PP ----Respondent For Applicant : Mr. Ali Mohammad Khan, Adv. with Mr. Lakshay Kumar Sharma, Adv. & Ms. Shazadi Bano, Adv. For Respondent : Mr. Vivek Sharma, Addl.G.A. Mr. Devi Sharma, Dy.G.A. HON'BLE MR. JUSTICE ASHUTOSH KUMAR Order 03/10/2025 1. The first bail application filed on behalf of the accused-applicant has been dismissed as withdrawn vide order dated 15.04.2025 by this Court passed in S.B. Criminal Miscellaneous Bail Application No.631/2025. 2. This second bail application has been filed by the accused-applicant under Section 483 of B.N.S.S., 2023 in connection with FIR No.12/2024, registered at Police Station Dag, District Jhalawar for the offence punishable under Section 8/21 of Narcotics Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the 'Act of 1985'). 3. Learned counsel for the accused-applicant submits that the accused-applicant has falsely been implicated in this case. [2025:RJ-JP:40088] (2 of 3) [CRLMB-12051/2025] Learned counsel also submits that charge-sheet has already been filed and there are 21 witnesses named in the charge-sheet, however, only one witness has been examined so far. Learned counsel contends that 360 grams of 'smack' has been recovered from possession of the accused-applicant. 4. Learned counsel for the accused-applicant argues that accused-applicant was arrested on 07.01.2024 and since then, he is behind the bars and trial is likely to take long time to conclude, therefore, the accused-applicant be granted benefit of bail. 5. In support of his contentions, learned counsel for the accused-applicant places reliance upon the judgment passed by the Hon'ble Apex Court in the case of Ramlal Vs. State of Rajasthan (Special Leave to Appeal (Crl.) No(s).9510/2024) decided on 17.09.2024. 6. Learned counsel appearing on behalf of the State vehemently oppose this bail application. 7. Heard learned counsel for the parties and also perused the material available on record. 8. Considering the overall facts and circumstances of the case, looking to the period of custody of the accused-applicant; the judgment passed by the Hon’ble Apex Court in the case of Ramlal (supra); charge-sheet has already been filed and the trial is likely to take long time to conclude, but without expressing any opinion on the merits/demerits of the case, this Court deems it proper to allow this second bail application filed by the accused-applicant. 9. Consequently, this second bail application filed under Section 483 of the B.N.S.S., 2023 is allowed. It is ordered that [2025:RJ-JP:40088] (3 of 3) [CRLMB-12051/2025] accused-applicant Shekh Amzad S/o Abdul Razzak, arrested in connection with FIR No.12/2024, registered at Police Station Dag, District Jhalawar shall be released on bail; provided he furnishes personal bond in the sum of Rs.1,00,000/- and two solvent attested sureties of Rs.50,000/- each to the satisfaction of the trial Court. Applicant shall be required to appear before that Court on all dates of hearing and as and when called upon to do so. (ASHUTOSH KUMAR),J AARZOO ARORA /08