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Nasir Husain vs State Of Rajasthan

Rajasthan High Court · Decided on 18 December 2020 · Citation: (2020) 12 RAJ CK 0147

HON’BLE JUDGES
Mahendar Kumar Goyal, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 437(3), 439 · Narcotic Drugs and Psychotropic Substances Act, 1985 — Section 8, 20, 25, 29
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous Bail Application No. 15409 Of 2020
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Judgment

15 paragraphs · 323 words

The present bail application has been filed under Section 439 Cr.P.C. The petitioner has been arrested in connection with FIR No.143/2020 registered

at Police Station Sultanpur, District Kota (Rural) for the offence under Section(s) 8/20 of NDPS Act and later on for the offence under Section(s)

8/20, 8/25 & 8/29 of NDPS Act.

It is contended by learned counsel for the petitioner that he has falsely been implicated merely because he happens to be registered owner of the

motor cycle which was used by co-accused for carrying contraband; otherwise, he has already sold the vehicle in question to the co-accused Md.

Hanif on 30.06.2020. Learned counsel submitted that even Md. Hanif, in his interrogation note, did not say that accused petitioner was also involved in

the offence; rather, he has categorically stated that the motor cycle belonged to him. He submitted that the petitioner is in custody since 29.11.2020,

investigation as against him is complete, he has no criminal antecedents and prayed for his release on bail.

Learned Public Prosecutor has opposed the bail application. Taking into consideration the submissions advanced by learned counsel for the petitioner,

the nature of allegation against him, his length of custody, absence of criminal antecedents and the material available in the case diary; but, without

expressing any opinion on the merits of the case, this court deems it just and proper to enlarge the petitioner on bail.

Accordingly, the bail application is allowed and it is directed that accused-petitioner Nasir Husain S/o Shri Abdul Hamid shall be released on bail under

Section 439 Cr.P.C. in connection with afore-mentioned FIR registered at concerned Police Station, provided he furnishes a personal bond in the sum

of Rs.1,00,000/- (Rupees One Lac only) together with two sureties in the sum of Rs.50,000/- (Rupees Fifty Thousand only) each to the satisfaction of

the trial court with the stipulation that he shall comply with all the conditions laid down under Section 437(3) Cr.P.C.