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2025 DAILYLAW 9613 (RAJ)

RAHISH KHAN S/O SHREE FAYUM KHAN v. STATE OF RAJASTHAN

CRLMB/3166/2025 · 2025-03-17

Anil Kumar Upman

body2025

Judgment text

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[2025:RJ-JP:11841] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 3166/2025 1. Rahish Khan S/o Shree Fayum Khan, Aged About 26 Years, R/o Kaaji Colony Khatedi, Police Station Shahpura, District Jaipur Rural, Raj. (At Present In Central Jail, Jaipur). 2. Farukh Khan S/o Shree Wali Mohammed, Aged About 24 Years, R/o Khatedi Mohalla Ksaba Shahpura Police Tation Shahpura, District Jaipur Rural, Raj. (At Present In Central Jail, Jaipur). ----Petitioners Versus State Of Rajasthan, Through PP ----Respondent Connected With S.B. Criminal Miscellaneous Bail Application No. 3295/2025 Subhash Verma S/o Sh. Ramgopal, Aged About 33 Years, R/o Sanwalpura Tanwaran, Police Station Ajitgarh, District Sikar, Raj. ( At Present Confined In Central Jail Jaipur) ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Javed Mohd. Khan Mr. Vikas Kumar Jakhar For Respondent(s) : Ms. Arti Sharma, PP Mr. Shubham Sain, AAAG HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 17/03/2025 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.58/2025 registered at Police Station [2025:RJ-JP:11841] (2 of 3) [CRLMB-3166/2025] Chandwaji, District Jaipur Rural (Rajasthan) for the offences punishable unders Sections 8/21 & 8/25 of NDPS Act. 2. Learned counsel for the petitioners submit that petitioners have falsely been implicated in this case. Counsel submits that alleged recovered contraband is below commercial quantity. Petitioners are in custody since their date of arrest and trial will take considerable time. Further custody of the petitioners would not serve any fruitful purpose. 3. Learned Public Prosecutor opposes the submissions made by 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, as also the fact that alleged recovered contraband is below commercial quantity; period of custody, but without commenting anything on the merits/demerits of the case, I deem it fit and proper to allow these bail applications. 6. These bail applications are accordingly allowed and it is directed that accused-petitioners (1) Rahish Khan S/o Shree Fayum Khan, (2) Farukh Khan S/o Shree Wali Mohammed & (3) Subhash Verma S/o Sh. Ramgopal 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 stipulation that they shall appear before that Court and any court to which the matter is transferred, on all subsequent dates of [2025:RJ-JP:11841] (3 of 3) [CRLMB-3166/2025] 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. 8. 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. 9. Concerned SHO is directed to maintain a register recording the attendance of the petitioner. In case the petitioner fails to mark their presence in the concerned police station, the concerned SHO is directed to immediately report the matter to the concerned Court in this regard. (ANIL KUMAR UPMAN),J LALIT MOHAN /215-216