Akbar Khan vs State Of Rajasthan

Kuldeep Mathur, J

This application for bail under Section 439 Cr.P.C. has been filed by the petitioner who has been arrested in connection with F.I.R. No.49/2022 registered at Police Station Shergarh, District Jodhpur, for offences under Sections 8/20 and 29 of the NDPS Act.

Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.

Learned counsel for the petitioner submitted that the petitioner has been falsely implicated in the present case. Learned counsel submitted that as per prosecution the petitioner was escorting container No.RJ-49-GA-2678 loaded with contraband (Ganja) with co-accused Rakesh, in a Scorpio Vehicle. Learned counsel submitted that co-accused Rakesh (S.B. Criminal Misc. Bail Application No.5048/2023) who was driving the scorpio vehicle has already been enlarged on bail by this court vide order dated 19.07.2023.

Learned counsel submitted that there is no direct evidence available on record indicating involvement of the petitioner in the commission of the alleged crime. The case of the present petitioner is not distinguishable with that of the case of co-accused Rakesh who has already been enlarged on bail by this Court. Lastly learned counsel submitted that the petitioner is in judicial custody and the trial of the case will take sufficiently long time, therefore, the benefit of bail may be granted to the accused-petitioner.

Per contra, learned Public Prosecutor has opposed the bail application. However, he was not in a position to refute the fact that the co-accused Rakesh has already been enlarged on bail by this Court.

Having considered the rival submissions, facts and circumstances of the case, this court prima facie finds that the case of the present petitioner is not distinguishable from that of the co-accused Rakesh who has already been enlarged on bail by this Court; the contraband was not recovered from the conscious possession of the present petitioner. Thus, without expressing any opinion on merits/demerits of the case, this Court is inclined to enlarge the petitioner on bail.

Consequently, the bail application under Section 439 Cr.P.C. is allowed. It is ordered that the accused-petitioner Akbar Khan S/o Aarab Khan, arrested in connection with FIR No.49/2022 registered at Police Station Shergarh, District Jodhpur, shall be released on bail, if not wanted in any other case, provided he furnishes a personal bond of Rs.1,00,000/- and two sureties of Rs.50,000/- each, to the satisfaction of learned trial court, for his appearance before that court on each & every date of hearing and whenever called upon to do so till completion of the trial.