MOHAMMAD ABRAR S/O SHRI MOHAMMAD HASAN v. STATE OF RAJASTHAN
CRLMB/10700/2025 · 2025-11-10
Sameer Jain
Transfer Petitionbody2025
DailyLaw.ai
[ 2025 DAILYLAW 36865 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 36865 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:44972] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 10700/2025 Mohammad Abrar S/o Shri Mohammad Hasan, Aged About 34 Years, R/o A-13, Rahim Nagar, Kho Nagoriyan, Jagatpura Road, Jamdoli, Jaipur (Raj). ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Avtar Singh for Mr. Rajveer Singh Gurjar For Respondent(s) : Mr. Rhishi Raj Singh Rathore, PP HON’BLE MR. JUSTICE SAMEER JAIN
Order 10/11/2025
1. The present bail application has been filed under Section 482 BNSS in connection with FIR No. 211/2025 registered at Police Station Shastri Nagar District Jaipur City (North) for the offence(s) under Sections 8/21 of the NDPS Act.
2.
Learned counsel for the accused-applicant submits that the applicant has wrongly been implicated in the matter. It is submitted that applicant is remotely involved in the matter and the quantity in question is not recovered from him, but from the co-accused. It is further submitted that merely on account of co- accused’s instigation, applicant has falsely been implicated. It is also submitted that recovered quantity of the contraband is less than the commercial quantity. In this regard, learned counsel has relied upon the judgments of the Coordinate Bench of the Court in SBCRLMB No. 3446/2025, 1405/2025 and order passed by
[2025:RJ-JP:44972] (2 of 3) [CRLMB-10700/2025] Apex Court in the case of Vijay Singh Vs. the State of Haryana: Special Leave to Appeal (Crl.) No. 1266/2023, wherein in the similar facts, applicants have been granted benefit of anticipatory bail.
3. Per contra, learned Public Prosecutor has vehemently opposed the bail application.
4. Considering the arguments advanced by the counsel for the parties, considering that recovered quantity of contraband is less than the commercial quantity; that recovery of the same has been made from the co-accused and not from the accused- applicant; considering the aforesaid judgments and looking to the overall facts and circumstances of the case and material on record but without commenting on merits/demerits of the case, this court is inclined to allow the bail application of the accused-applicant.
5. Accordingly, the anticipatory bail application is allowed. The S.H.O/I.O/Arresting Officer, Police Station Shastri Nagar District Jaipur City (North) in F.I.R. No. 211/2025 is directed that in the event of arrest of the accused-applicant Mohammad Abrar S/o Shri Mohammad Hasan, he shall be released on bail, provided he furnishes a personal bond in the sum of Rs.50,000/- with two sureties in the sum of Rs.25,000/- each to the satisfaction of the S.H.O/I.O/Arresting Officer of the concerned Police Station on the following conditions:- (i) that the applicant shall make himself available for interrogation by a police officer as and when required; (ii) that the applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or any police officer, and
[2025:RJ-JP:44972] (3 of 3) [CRLMB-10700/2025] (iii) that the applicant shall not leave India without previous permission of the court.
(SAMEER JAIN),J Pooja /248