Yakub Ali vs State Of Rajasthan

Dinesh Mehta, J

The present second application for bail has been filed by the applicant under Section 439 of the Cr.P.C. in connection with FIR No.502/2023, registered at Police Station Gharsana, Anopgarh for the offences under Sections 8/21 and 25 of the NDPS Act.

The first bail application being S.B. Criminal Misc. Bail Application No.15327/2023 is dismissed by this Court vide order dated 08.12.2023 as withdrawn with liberty to file a fresh once the charge-sheet is filed.

Mr. Bhatnagar, learned counsel for the applicant submitted that now charge-sheet has been filed, while highlighting that the contraband recovered from the applicant is below commercial quantity (55 gm Heroin) and prayed that the applicant be enlarged on bail as Section 37 of NDPS Act does not come in applicant’s way.

Mr. Bhati, learned Public Prosecutor vehemently opposed the bail application by contending that two cases of like nature are pending against the applicant.

Having regard to the facts and circumstances of the case and considering that quantity of contraband recovered from the applicant is below commercial in the present case as well as in other two pending cases and because charge-sheet has been filed and the applicant is behind bars since 26.10.2023, this Court feels that the bail application filed by the applicant deserves to be accepted.

Consequently, the present second bail application filed under Section 439 Cr.P.C. is allowed. It is ordered that applicant – Yakub Ali S/o Jabardeen Khan arrested in connection with FIR No.502/2023, registered at Police Station Gharsana, District Sriganganagar shall be released on bail; provided he executes personal bond in the sum of Rs.1,00,000/- and two sureties of Rs.50,000/- each to the satisfaction of the learned trial Court.

Applicant shall be required to appear before the Trial Court on all dates of hearing as and when called upon to do so.

Needless to observe that the above observations made by this Court are on the basis of material so far produced before the Court. They are only prima-facie observation and the same shall however, not come in the way of the trial Court to take independent view of the matter, based on ocular and oral evidence, while finally deciding the case.