Research › Search › Judgment

High Court of Rajasthan · body

2025 DAILYLAW 5809 (RAJ)

FATUMAH D/O NAKAWUNGU v. STATE OF RAJASTHAN

CRLMB/1733/2025 · 2025-02-04

Anil Kumar Upman

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2025:RJ-JP:4815] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 1732/2025 Stephen Cathys S/o Stefen, Aged About 29 Years, R/o Freetown, Sierra Leonean, Passport No. ER278029. (At Present Confined In Central Jail, Jaipur) ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent Connected With S.B. Criminal Miscellaneous Bail Application No. 1733/2025 Fatumah D/o Nakawungu, Aged About 30 Years, R/o Butambala, Uganda All C-R/o Arora Residency, Third Floor, F.No. 64/686, Shyopur, Pratapnagar, PS Pratapnagar, Jaipur East (Raj.). (At Present Confined In Central Jail, Jaipur) ----Accused-Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Mohit Sharma, Adv. For Respondent(s) : Ms. Arti Sharma, PP, Mr. N.S. Dhakar, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 04/02/2025 1. These instant bail applications have been filed under Section 483 of BNSS on behalf of the petitioners, who have been arrested in connection with FIR No.51/2025 registered at Police Station Pratap Nagar, District Jaipur City (East) for the offences punishable under Sections 8/21 of NDPS Act. [2025:RJ-JP:4815] (2 of 3) [CRLMB-1732/2025] 2. It is contended by learned counsel for the petitioners that the accused-petitioners have falsely been implicated in this case. Learned counsel submits that alleged recovered contraband cocaine (81.20 gms) is below commercial quantity. He further submits that there are no criminal antecedents against the petitioners and trial of the case will take considerable time. He argues that the petitioners are in custody since their date of arrest and further custody of the petitioners would not serve any fruitful purpose. 3. Learned Public Prosecutor opposes the submissions made by the learned counsel for the petitioners. 4. I have considered the contentions. 5. Having regard to the totality of the facts and circumstances of the case; considering the arguments advanced by learned counsel for the petitioners, especially the fact that alleged recovered contraband cocaine is below commercial quantity; absence of criminal antecedents and trial will take time in its conclusion as well as looking to the period of custody, but without commenting anything on the merits/demerits of the case, I deem it proper to allow these bail applications. 6. These bail applications are accordingly allowed and it is directed that accused-petitioners – 1. Stephen Cathys S/o Stefen and 2. Fatumah D/o Nakawungu shall be released on bail provided each of them furnishes a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) together with two sureties in the sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) each to the satisfaction of the learned trial Court with the [2025:RJ-JP:4815] (3 of 3) [CRLMB-1732/2025] stipulation that each of them shall appear before that Court and any Court to which the matter is transferred, on all subsequent dates of hearing and as and when called upon to do so. 7. It is made clear that the accused-petitioners shall not involve in any other offence(s) during currency of the bail and they shall mark their presence in first week of every month in the concerned police station, till trial is concluded. 8. Concerned SHO is directed to maintain a register recording the attendance of the petitioners, as directed above. In case the petitioners fail to mark their presence in the concerned police station, as directed above, the concerned SHO is directed to immediately report the matter to the concerned Court in this regard. 9. If any breach of these conditions is reported or come to the notice of the Court, the same shall alone be a reason for the trial Court to cancel the bail granted to them by this Court. (ANIL KUMAR UPMAN),J MADAN/260-261