Hasam Ajmeri vs State Of Rajasthan

Rekha Borana, J

The present bail application under Section 439 Cr.P.C. has been filed on behalf of the petitioner for the alleged offences punishable under Section 8/15, 25, 29 of NDPS Act in connection with FIR No.65/2021 registered at Police Station Nikumbh, District Chittorgarh.

Heard counsel appearing for the petitioner and Public Prosecutor. Perused the challan papers as submitted on record.

Counsel for the petitioner submits that the present accused petitioner was just the owner of the vehicle Alto car and no contraband has been recovered from the said vehicle. It is the submission that the said vehicle was borrowed by the wife of his brother on the premise that his son is not well and requires the vehicle to take him to the hospital and just because of humanity he handed over the vehicle to her. Counsel further submits that the present accused petitioner cannot be related to any of the incident which culminates into the offence. He further submits that the accused Noor Jaha B. has already been released on bail by the trial Court vide order dated 11.05.2021. Counsel for the petitioner submits that there is no criminal antecedent of the present accused petitioner.

Per contra, Public Prosecutor opposed the bail application and submitted that the present accused had absconded since time of incident and has been arrested only on 05.05.2022 and the investigation therefore is yet to be completed against him.

In the matter, the charge-sheet has been filed against the four accused persons namely Shobharam, Kailash Kumar, Mohammad Aslam and Noor Jaha B. A perusal of the charge-sheet shows that that no incident of offence has been assigned to or alleged to be related to the present accused petitioner, therefore, without expressing any opinion on the merits of the case, this Court is of the opinion that the bail application filed by the petitioner deserves to be accepted.

Consequently, the bail application is allowed. It is ordered that the accused-petitioner – Hasam Ajmeri S/o Kasam Ajmeri, arrested in connection with FIR No.65/2021 registered at Police Station Nikumbh, District Chittorgarh, shall be released on bail, if not wanted in any other case, provided he furnishes a personal bond of Rs.50,000/- (Rupees Fifty Thousand) and two sureties of Rs.25,000/- (Rupees Twenty Five Thousand) each to the satisfaction of the learned trial Court for his appearance before that Court on each and every date of hearing and whenever called upon to do so till the completion of the trial.