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2022 Supreme(Raj) 1564
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
Chandra Kumar Songara, J.
Shamim – Appellant
Versus
State Of Rajasthan – Respondent
S.B. Criminal Miscellaneous Bail Application No. 5597 of 2022
Decided On : 02-05-2022
Important Points
Subject
Criminal Law - Bail and Anticipatory Bail
Headnote
Anticipatory Bail - NDPS Act - The court granted anticipatory bail to the accused-petitioner under Section 438 Cr.P.C. considering the absence of recovered contraband, the petitioner's lack of criminal antecedents, and the previous grant of bail to a co-accused.
Fact of the Case:
The petitioner sought anticipatory bail in connection with an NDPS Act case where the alleged contraband was not recovered from the petitioner, and the petitioner had no criminal antecedents. The bail application of a co-accused had already been granted.
Finding of the Court:
The court, without expressing any opinion on the merits and demerits of the case, granted anticipatory bail to the accused-petitioner based on the submissions made by the petitioner's counsel and the facts and circumstances of the case.
Issues: Anticipatory bail application under Section 438 Cr.P.C. in connection with an NDPS Act case where contraband was not recovered from the petitioner and the petitioner had no criminal antecedents.
Ratio Decidendi: The absence of recovered contraband, the petitioner's lack of criminal antecedents, and the previous grant of bail to a co-accused influenced the court's decision to grant anticipatory bail.
Final Decision: The anticipatory bail application was allowed, and the accused-petitioner was ordered to be released on bail upon fulfilling specified conditions.
Mr. Faheem Akhtar, for the Appellant
Mr. Laxman Meena, PP, for the Respondent.
ORDER
1. This anticipatory bail application has been filed under Section 438 Cr.P.C. in connection with FIR No. 12/2022 registered at Police Station Mehandwas, District Tonk for the offence under Section 8/29 of NDPS Act.
2. It is submitted by learned counsel for the petitioner that the alleged contraband has not been recovered from the petitioner. The petitioner has been made an accused only on the basis of police statement of co-accused. The petitioner has no criminal antecedents. The bail application of co-accused Kamruddin @ Kamru Chacha under Section 439 of CrPC has already been granted by this Court vide order dated 29.03.2022. Hence, the anticipatory bail application of the accused-petitioner may be granted.
3. On the other hand, learned Public Prosecutor has opposed the bail application.
4. Heard learned counsel for the parties and perused the material available on record.
5. Considering the submissions made by the learned counsel for the petitioner and looking to the facts and circumstances of the case but without expressing any opinion on the merits and demerits of the case, I deem it just and proper to enlarge the petitioner on anticipatory bail.
6. Accordingly, this anticipatory bail application is allowed and it is ordered that in case of arrest of the petitioner-Shamim S/o Shafiq in the aforesaid FIR, the accused-petitioner shall be released on bail; provided he furnishes a personal bond in the sum of Rs.50,000/- with two sureties in the sum of Rs. 25,000/- each to the satisfaction of concerned SHO/IO on the following conditions:
i) That the petitioner will make himself available for the investigation as and when required by the investigation officer.
ii) That the petitioner will not leave India without permission of the Court.
iii) That the petitioner will not temper with the evidence or threaten or pressurize the witnesses in the case.
