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2025 DAILYLAW 5067 (RAJ)

RAFEEK MOHAMMED S/O HANIF v. STATE OF RAJASTHAN

CRLMB/1359/2025 · 2025-02-20

Uma Shanker Vyas

body2025

Judgment text

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[2025:RJ-JP:7509] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 1359/2025 Rafeek Mohammed S/o Hanif, Aged About 45 Years, R/o Khanpur, P.s. Khanpur District Jhalawar Rajasthan. (At Present Confined At District Jail Baran) ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Abdul Rahim Khan, Adv. For Respondent(s) : Mr. Onkar Singh Rajpurohit, P.P. HON'BLE MR. JUSTICE UMA SHANKER VYAS Judgment / Order 20/02/2025 This bail application has been filed by the petitioner under Section 439 Cr.P.C./483 BNSS seeking regular bail in FIR No.189/2023 registered at Police Station Mothpur, District Baran for the offence(s) under Section(s) 8/21, 8/25 & 8/29 of NDPS Act. Learned counsel for the petitioner submits that the accused-petitioner is innocent and he has been falsely implicated in this case. He further submits that the alleged contraband recovered in the present case is less than commercial quantity. He also submits that the accused-petitioner has been in [2025:RJ-JP:7509] (2 of 2) [CRLMB-1359/2025] judicial custody since long and the conclusion of the trial will take long time, hence the petitioner may be enlarged on bail. Learned Public Prosecutor appearing for the State has opposed the bail application. Taking into consideration the overall facts and circumstances of the case and the fact that recovery of the alleged contraband in the present case is less than commercial quantity, but without expressing any opinion on the merits and demerits of the case, this Court deems it just and proper to enlarge the petitioner on bail. Accordingly, the bail application filed under Section 439 Cr.P.C./483 BNSS is allowed and it is ordered that accused-petitioner Rafeek Mohammed S/o Hanif shall be released on bail, provided he furnishes a personal bond in the sum of Rs.1,00,000/- with two sureties of Rs.50,000/- each to the satisfaction of the trial Court, with the stipulation that the petitioner shall appear before that Court on all subsequent dates of hearing and as and when called upon to do so. (UMA SHANKER VYAS),J DANISH USMANI /18