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2025 Supreme(Raj) 1310

IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
FARJAND ALI
Tufan Singh S/o Udai Singh Sondhiya – Appellant
Versus
State Of Rajasthan – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. B.R. Bishnoi
For the Respondent: Mr. Shree Ram Choudhary, PP

Judgement Key Points

Certainly. Here are the key points derived from the provided legal document:

  • The court emphasizes that the prosecution must present strong prima facie evidence to justify the denial of bail; mere assertions are insufficient (!) .
  • The case involves an application under Section 439 of the Criminal Procedure Code for bail by the accused-petitioner, who has been incarcerated for around two years without strong evidence against him (!) (!) .
  • The accused contended that no case is made out against him and that his continued detention is unwarranted; the prosecution argued that the case was not suitable for bail due to the gravity of the offence (!) (!) .
  • The investigation revealed that the accused was linked to the crime based on a report which initially indicated a different individual (Tufan Banjara) who fled the scene, and the mobile number associated with the crime did not connect to the petitioner (!) (!) .
  • The court found that the evidence, including the description and the mobile number, did not establish the identity of the petitioner as the person involved in the offence, and the prosecution failed to establish a nexus between the petitioner and the crime (!) (!) .
  • The court noted that the petitioner has been in custody for a significant period without strong admissible evidence, and the likelihood of lengthy trial proceedings supports the grant of bail (!) .
  • The court held that the prosecution's duty is to convince the court of the existence of strong prima facie evidence, which was lacking in this case (!) .
  • As a result, the bail application was allowed, and the petitioner was ordered to be released on bail upon furnishing a personal bond of Rs.50,000 and two sureties of Rs.25,000 each, with the condition of appearing before the court on all dates (!) .

Please let me know if you need further analysis or assistance.


JUDGMENT :

FARJAND ALI, J.

1. The jurisdiction of this Court has been invoked by way of filing an application under Section 439 Cr.P.C. at the instance of accused-petitioner. The requisite details of the matter are tabulated herein below:

S.No.Particulars of the Case
1.FIR Number32/2023
2.Concerned Police StationNimbahera
3.DistrictChittorgarh
4.Offences alleged in the FIRUnder Sections 8/15, 29 of NDPS Act
5.Offences added, if any-
6.Date of passing of impugned order22.04.2024

2. It is contended on behalf of the accused-petitioner that no case for the alleged offences is made out against him and his incarceration is not warranted. There are no factors at play in the case at hand that may work against grant of bail to the accused-petitioner and he has been made an accused based on conjectures and surmises.

3. Contrary to the submissions of learned counsel for the petitioner, learned Public Prosecutor opposes the bail application and submits that the present case is not fit for enlargement of accused on bail.

4. I have considered the submissions made by both the parties and gone through the niceties of the matter.

5. The first bail application of the petitioner was rejected by this Court owing t

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