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2025 DAILYLAW 4584 (RAJ)

REHBAR ALI @ MONTY S/O KHADIM ALI v. STATE OF RAJASTHAN

CRLMB/1172/2025 · 2025-01-24

Praveer Bhatnagar

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 1172/2025 Rehbar Ali @ Monty S/o Khadim Ali, Aged About 19 Years, R/o Police Line Road Tanga Adda Jhalawar Police Station Kotwali Jhalawar District Jhalawar (Raj.) (At Present Confined In District Jail, Jhalawar (Raj.). ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Rohit Khandelwal Mr. Bharat Lal Mali For Respondent(s) : Mr. S.R. Dhakar, PP HON'BLE MR. JUSTICE PRAVEER BHATNAGAR Order 24/01/2025 1. The instant bail application has been filed under Section 483 B.N.S.S. on behalf of the accused-petitioner. The accused- petitioner has been arrested in connection with FIR No.14/2025 registered at Police Station Jhalrapatan, District Jhalawar, for the offence(s) under Section 8/22 of NDPS Act. 2. Learned counsel for the accused-petitioner submits that the accused-petitioner has falsely been implicated for the offences under Sections 8/22 read with Section 29 of NDPS Act. He further submits that the alleged quantity of contraband article containing 10.04 gram MDMA was effected from the other co-accused Farhan and the accused-petitioner has been involved solely on the disclosure statement of co-accused Farhan. It is alleged against the accused-petitioner that the other co-accused Farhan purchased the same from the present accused-petitioner. Apart from the disclosure statement of other co-accused Farhan, there is no substantive evidence available on record indicating the involvement of the accused-petitioner in selling the contraband article to other co-accused Farhan. The accused-petitioner is in (2 of 2) [CRLMB-1172/2025] custody since 12.01.2025 and trial of the case will take considerable time, therefore, the bail application of the accused- petitioner may be allowed. 3. Learned Public Prosecutor vehemently opposed the bail application and contended that the accused-petitioner is a habitual offender and 8 other cases have been registered against him under various Acts, therefore, considering the criminal antecedents of the accused-petitioner, the bail application deserves to be dismissed. 4. Heard and perused the material available on record. 5. Considering the fact that the recovery of alleged contraband article was effected from other co-accused Farhan and there is no substantive evidence available on record indicating the involvement of the accused-petitioner, trial of the case will take considerable time, without commenting anything on the merits of the case, I deem it just and proper to enlarge the accused- petitioner on bail. 6. Accordingly, this bail application under Section 483 B.N.S.S. is allowed and it is ordered that the accused-petitioner Rehbar Ali @ Monty S/o Khadim Ali in connection with FIR No.14/2025 registered at Police Station Jhalrapatan, District Jhalawar, shall be enlarged on bail provided he furnishes 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 his appearance before the court concerned on all the dates of hearing as and when called upon to do so. (PRAVEER BHATNAGAR),J DEEPA RANI -176