ISAYA ZEBEDAYO HOMWA S/O ZEBEDAYO HOMWA MKODYA v. STATE OF RAJASTHAN
CRLMB/3090/2025 · 2025-03-04
Praveer Bhatnagar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 9083 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 9083 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:9314] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No.3090/2025 Isaya Zebedayo Homwa S/o Zebedayo Homwa Mkodya, Aged About 38 Years, R/o Kasulu, Dar Es Salam, Tanzania At Present House No. 38, Near Noida City Centre Metro Station, Noida, Uttar Pradesh, Passport No. Tae372147. (At Present Confined In Central Jail, Jaipur). ----Petitioner Versus State Of Rajasthan, Through Special PP ----Respondent For Petitioner(s) : Mr. Mohit Sharma, Adv. For Respondent(s) : Mr. Shree Ram Dhakar, PP HON'BLE MR. JUSTICE PRAVEER BHATNAGAR
Order 04/03/2025
1. The instant bail application has been filed under Section 483 B.N.S.S. on behalf of accused-petitioner. The accused-petitioner has been arrested in connection with FIR No.0033/2025, registered at Police Station Jawahar Nagar (Jaipur City (East)), District Jaipur City (East) for the offence(s) under Sections 8/21 of the N.D.P.S. Act.
2.
Learned counsel for the petitioner submits that the accused- petitioner has falsely been implicated in this case. The recovered quantity of cocaine is 10 grams, which is below commercial quantity. There are no criminal antecedents against the accused- petitioner, the accused-petitioner is in custody since 21.01.2025 and the investigation/trial of the case may take considerable time,
[2025:RJ-JP:9314] (2 of 2) [CRLMB-3090/2025] therefore, the bail application of the accused-petitioner may be allowed.
3. Learned Public Prosecutor has vehemently opposed the grant of bail application.
4. Heard and perused the material available on record.
5. Considering the fact that the recovered quantity of cocaine is 10 grams, which is below commercial quantity, there are no criminal antecedents against the accused-petitioner, the accused- petitioner is in custody since 21.01.2025 and the trial/ investigation of the case may take considerable time, without expressing anything on the merits of the case, I deem it just and proper to enlarge the accused-petitioner on bail.
6. Accordingly, the bail application under Section 483 B.N.S.S. is allowed and it is ordered that the accused-petitioner-Isaya Zebedayo Homwa S/o Zebedayo Homwa Mkodya, in connection with FIR No.0033/2025, registered at Police Station Jawahar Nagar (Jaipur City (East)), District Jaipur City (East), 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 and as and when called upon to do so. Condition:- (i). The petitioner shall not leave India without previous permission of the Court.
(PRAVEER BHATNAGAR),J Ashwani Kr Srivastava /-165