Farukh Khan @ Bachchiya Khan v. State of Rajasthan
2025-03-12
FARJAND ALI
body2025
DigiLaw.ai
Order : 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 Number 150/2022 2. Concerned Police Station Goluwala 3. District Hanumangarh 4. Offences alleged in the FIR Under Section 8/22 of the NDPS Act 5. Offences added, if any -- 6. Date of passing of impugned order 11.11.2024 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. Learned counsel for the petitioner further submits that the co-accused Seeta Ram (Bail Application No.15892/2024) has already been enlarged on bail by this Court vide order dated 14.02.2025. He further submits that case of the petitioner is not distinguishable with that of the case of the co-accused Seeta Ram who has already been enlarged on bail. Learned counsel for the petitioner further submits that three years have elapsed but the trial has not been concluded till now. Only one witness has been examined out of 23 witnesses. 3. Contrary to the submissions of learned counsel for the petitioner, learned Deputy Government Advocate 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 have perused the material available on record. Co- accused Seeta Ram has already been enlarged on bail vide order dated 14.02.2025 passed in S.B. Criminal Misc. Bail Application No.15892/2024. Thus, on the ground of parity and considering the fact that there is high probability that the trial may take long time to conclude, it is deemed suitable to grant the benefit of bail to the petitioner in the present matter. 5.
Bail Application No.15892/2024. Thus, on the ground of parity and considering the fact that there is high probability that the trial may take long time to conclude, it is deemed suitable to grant the benefit of bail to the petitioner in the present matter. 5. Accordingly, the instant bail application under Section 439 Cr.P.C. is allowed and it is ordered that the accused-petitioner as named in the cause title shall be enlarged on bail provided he furnishes a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge for his appearance before the court concerned on all the dates of hearing as and when called upon to do so.