MOHAMMAD SALEEM @ DHOLU KALAL S/O SHRI MUMTAZ v. STATE OF RAJASTHAN
CRLMB/2956/2025 · 2025-06-12
Ashok Kumar Jain
Public Interest Litigationbody2025
DailyLaw.ai
[ 2025 DAILYLAW 8983 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 8983 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:23166] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 2956/2025 Mohammad Saleem @ Dholu Kalal S/o Shri Mumtaz, Aged About 32 Years, R/o Sultana, Police Station Sultana, District Jhunjhunu Raj. ----Accused-Petitioner Versus State of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Dushyant Singh Naruka For Respondent(s) : Mr. Vijay Singh Yadav, PP with Mr. Tapesh Agarwal, PP HON'BLE MR. ASHOK KUMAR JAIN
Order 12/06/2025
1. This instant application to seek anticipatory bail under Section 482 of B.N.S.S is filed by the applicant-accused Mohammad Saleem @ Dholu Kalal S/o Shri Mumtaz in a matter arising out of FIR No.92/2024 Police Station Pilani, District Jhunjhunu, wherein, this accused-applicant was charged under Section 8/29 of N.D.P.S Act.
2.
Learned counsel for the applicant submits that the applicant is an innocent person and he is falsely implicated by police. He further submits that the SHO Police Station Pilani has recovered 5 Kg of Ganza from Sohil Ali but no recovery was effected from possession of this applicant. He further submits that just on information of main accused Sohil Ali, this applicant-accused was arrayed as an accused. He also submits that there is no direct or indirect evidence to justify the role of present applicant. He also
[2025:RJ-JP:23166] (2 of 3) [CRLMB-2956/2025] submits that only on basis of call details, this applicant was arrayed as an accused. He further submits that the applicant is ready to cooperate in investigation and ensure that he will not repeat any crime if released on bail.
3. The aforesaid contentions were opposed by learned Public Prosecutor and he submitted that total seven cases were registered against this applicant and he is having a criminal record.
4. Heard learned counsel for the applicant and learned Public Prosecutor, perused the case diary.
5. On 20.03.2024 when SHO Police Station Pilani has intercepted a person on motor-cycle then he recovered 5 Kg of Ganza. A case under Section 8/20 of N.D.P.S Act was registered against the accused Sohil Ali. During investigation, Sohil Ali has revealed that he procured this Ganza from his uncle Mohammad Saleem @ Dholu Kalal. The police on basis of interrogation note has collected call details and analyzed the same and found involvement of present applicant for committing offence under Section 8/29 of N.D.P.S Act. A perusal of of police report indicates that seven criminal cases were registered against this applicant since 2013 and out of which two were already decided and resulted in acquittal but in one case, this applicant-accused was convicted, whereas four cases are still pending before the Trial Courts.
6. Having considered the criminal background of this applicant- accused and also the fact that matter pertains to N.D.P.S Act, I am of the considered view that this is not a fit case wherein
[2025:RJ-JP:23166] (3 of 3) [CRLMB-2956/2025] indulgence of anticipatory bail be granted to this accused- applicant.
7. This instant application to seek anticipatory bail under Section 482 of B.N.S.S is filed by the applicant-accused Mohammad Saleem @ Dholu Kalal S/o Shri Mumtaz is hereby dismissed.
(ASHOK KUMAR JAIN),J GARIMA /258