MOHD. SAKIR S/O SH. MOHD SALEEM v. STATE OF RAJASTHAN
CRLMB/1983/2025 · 2025-06-23
Ashutosh Kumar V J
body2025
DailyLaw.ai
[ 2025 DAILYLAW 6372 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 6372 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:23413] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 1983/2025 Mohd. Sakir S/o Sh. Mohd Saleem, Aged About 30 Years, R/o House No. 36/110, Parvat Colony Amagarh, Transport Nagar, Jaipur, Ps Transport Nagar, Jaipur. (Accused Petitioner Presently In Central Jail, Jaipur). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Anirudh Tyagi For Respondent(s) : Mr. Rajesh Choudhary, GA-cum-AAG, Mr. Manvendra Singh, PP Mr. Amit Kumar Gupta, Addl. GA cum PP Mr. Manvendra Choudhary, Dy.G.A.
HON'BLE MR. JUSTICE ASHUTOSH KUMAR ( V. J.)
Order 23/06/2025
1. The present bail application has been filed by the accused- applicant under Section 483 of the B.N.S.S., 2023 against the
order dated 10.01.2025 passed by learned Special Judge, NDPS Act, Jaipur Metro-First in Criminal Bail Application No. 31/2025 arising out of FIR No. 284/2024, registered at Police Station Transport Nagar, District Jaipur City (East) for the offences punishable under Section 8/21 of NDPS Act by which the bail application of the accused-applicant under Section 483 of B.N.S.S., 2023 has been dismissed.
2.
Learned counsel for the accused-applicant submits that the accused-applicant has falsely been implicated in this case. Learned counsel for the accused-applicant also submits that total 465
[2025:RJ-JP:23413] (2 of 3) [CRLMB-1983/2025] grams of smack has been recovered from the possession of the co-accused Faisal Qureshi and Sameer Khan. Accused-applicant Mohd. Sakir was not present, when the contraband articles were recovered. He further submits that the present accused-applicant has been made accused on the statement of co-accused Faisal Qureshi and the charge-sheet has already been filed. The accused-applicant is behind the bars since long. He further submits that the co-accused Sameer Khan, from whom 28 grams of smack was recovered has already been enlarged on bail vide
order dated 30.05.2025 passed in SB Criminal Misc Second Bail application No. 5590/2025 by the Co-ordinate Bench of this Court. The trial of the case may take considerable time, therefore, the bail application of the accused-applicant may be allowed.
3. Learned Public Prosecutor vehemently oppose this bail application and submits that as per the criminal record 12 cases have been registered against the accused-applicant, out of which 4 cases are of the similar nature, therefore, the accused-applicant should not be enlarged on bail.
4. Heard learned counsel for the parties and also perused the material available on record.
5. Considering the fact that no recovery has been made from the possession of present accused-applicant in fact he has been made accused on the statement of co-accused. Charge-sheet has already been filed and the trial of the case may take considerable time, but without expressing any opinion on the merits-demerits of the case, this Court deems it proper to allow the bail application filed by the applicant.
[2025:RJ-JP:23413] (3 of 3) [CRLMB-1983/2025]
6. Consequently, the bail application filed under Section 483 BNSS is allowed and it is ordered that the accused-applicant Mohd. Sakir S/o Sh. Mohd Saleem, arrested in connection with FIR No. 284/2024, registered at Police Station Transport Nagar, District Jaipur City (East) shall be enlarged on bail; provided he furnishes a 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 will be required to appear before that Court on all the dates of hearing as and when called upon to do so.
(ASHUTOSH KUMAR ( V. J.)),J Ashu/14