AUSTIN IZUCHUKWU S/O ASIMOLE v. STATE OF RAJASTHAN
CRLMB/16096/2025 · 2026-01-30
Praveer Bhatnagar
body2026
DailyLaw.ai
[ 2026 DAILYLAW 20249 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 20249 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2026:RJ-JP:4442] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 15959/2025 Peter Okwudili S/o Ani, Aged About 38 Years, R/o Ozalla Police Station Ozalla, District Neap, Country Nigeria, Present Address, Swapnalok Apartment Police Station Shivdaspura, Jaipur, Ra- jasthan. (At Present Accused Confined In Central Jail, Jaipur). ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent Connected With S.B. Criminal Miscellaneous Bail Application No. 16096/2025 Austin Izuchukwu S/o Asimole, Aged About 35 Years, R/o House No. 10 Church Street, Police Station Abulegba, District Lagus, Country Nigeria, Present Address Swapnalok Apartment Police Station Shivdaspura, Jaipur, Rajasthan. (At Present Accused Confined In Central Jail, Jaipur). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Anurag Chahar Adv. For Respondent(s) : Ms. Manju Dave, PP HON'BLE MR. JUSTICE PRAVEER BHATNAGAR
Order 30/01/2026
1. These instant bail applications have been filed under Section 483 of B.N.S.S. on behalf of accused-petitioners. The accused-pe- titioners have been arrested in connection with FIR No. 373/2025 registered at Police Station Malviya Nagar District Jaipur City East for the offence(s) under Section 8/21 of NDPS Act.
[2026:RJ-JP:4442] (2 of 3) [CRLMB-15959/2025]
2. It is contended by learned counsel for the petitioners that petitioners have been falsely implicated under Section 8/21 of the NDPS Act. The quantity of cocaine recovered from petitioner Austin's possession is 6.91 grams and from the petitioner Peter's possession is 6.53 grams, which are below commercial quantity. Petitioners are foreigners and the trial of the case may take con- siderable time. The charge sheet has already been submitted be- fore the concerned Court therefore, these bail applications of the accused-petitioners may be allowed.
3. Learned Public Prosecutor has vehemently opposed the grant of bail applications. It is contended that the accused-petitioners are foreign nationals and committed the aforesaid offence, there- fore, considering the quantity of contraband articles recovered the bail applications of the petitioners deserves dismissal.
4. Heard and perused the material available on the record.
5. It is not desirable to comment anything on the merits of the case the quantity of cocaine and M.D. recovered from the petition- ers possession is below commercial quantity. The charge sheet has already been submitted and the trial of the case may take consid- erable time. The Hon'ble Apex Court in the matter of Frank Vitus Vs NCB and Ors. in Criminal Appeal No. 2814-2815 of 2024 deliv- ered on 06.01.2025 held that while releasing a foreigner on bail, the court should direct the investigating agency or the State, as the case may be, to immediately inform the concerned registration officer appointed under Rule 3 of the Registration of Foreigners Rules, 1992 about the grant of bail, so that the registration officer can bring the fact of the grant of bail to the notice of the con-
[2026:RJ-JP:4442] (3 of 3) [CRLMB-15959/2025] cerned civil authorities. Therefore in the light of the aforesaid
judgment these bail applications of the petitioners are allowed.
6. Accordingly, these bail applications under Section 483 of B.N.S.S. are allowed and it is ordered that the accused-petitioners 1.Peter Okwudili S/o Ani, 2.Austin Izuchukwu S/o Asimole in connection with FIR No. 373/2025 registered at Police Station Malviya Nagar District Jaipur City East shall be enlarged on bail provided they furnish 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 their appearance before the Court con- cerned on all the dates of hearing and as and when called upon to do so.
7. The prosecution agency is directed to immediately communi- cate the order to the concerned registration officer appointed un- der Rule 3 who shall communicate the order to the concerned au- thorities including the civil authorities.
8. Copy of this order be sent for compliance to the concerned police station.
(PRAVEER BHATNAGAR),J RASHMI/ANMOL/60-61