Jusub Khan vs State Of Rajasthan

This application for bail has been filed by the petitioner under Section 439 of the Cr.P.C. in connection with FIR No.55/2020, Police Station Bhojasar, District Jodhpur, for the offences under Sections 8/21 and 29 of NDPS Act.

It is stated in the bail application that alleged contraband substance has not been recovered from the petitioner and he has been roped in, simply on the basis of statement of main accused.

Learned Public Prosecutor has opposed the bail application.

Having regard to the totality of the facts and circumstances of the case and that the quantity of impugned substance (smack) is only 6 gms., I deem it just and proper to grant bail to the accused petitioner under Section 439 Cr.P.C.

Consequently, the bail application filed under Section 439 Cr.P.C. is allowed. The petitioner Jusub Khan S/o Shri Gani Khan, arrested in FIR No.55/2020, Police Station Bhojasar, District Jodhpur shall be released on bail on his furnishing personal bond in the sum of Rs.1,00,000/- and two sureties of Rs.50,000/- each.

This Court is of the view that in the prevailing circumstances of complete lock-down amidst spread of COVID-19, furnishing of two sureties will be difficult on the one hand and the same may pose eminent threat to the concerned. It is, therefore, ordered that the petitioner shall be released on bail upon furnishing the personal bond. He may furnish requisite sureties by 28.05.2020 to the satisfaction of the learned trial Court.

It would be required of the concerned Superintendent of Police/Jailer to apprise the petitioner about consequence of violation of the bond as stipulated in Section 229A of the Indian Penal Code, while releasing the petitioner on bail.

Petitioner shall be required to appear before that Court on all dates of hearing and as and when called upon to do so. In case, he fails to furnish surety bonds by the stipulated time, the instant order will come to an end automatically.