Rajasthan High Court – Jaipur
Ntatom Philipi Egbo @ Kaka @ Colis @ … vs State Of Rajasthan (2025:Rj-Jp:15103) on 3 April, 2025
Author: Anil Kumar Upman
Bench: Anil Kumar Upman
[2025:RJ-JP:15103]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous Bail Application No. 2946/2025
Ntatom Philipi Egbo @ Kaka @ Colis @ Ifeanyi S/o Egbo Godwill,
Aged About 40 Years, R/o Logos District Olukuge, State Abia
Nigeria, (Presently In Central Jail, Jaipur).
----Petitioner
Versus
State Of Rajasthan, Through PP
----Respondent
For Petitioner(s) : Mr. Arvind Sharma with
Ms. Mamta Agarwal
Ms. Manorma Sharma
Mr. Parth Sharma
For Respondent(s) : Mr. Shriram Dhakad, PP
HON’BLE MR. JUSTICE ANIL KUMAR UPMAN
Order
03/04/2025
1. The instant bail application has been filed under Section 483
of BNSS, on behalf of the petitioner, who has been arrested in
connection with FIR No.16/2025 registered at Police Station
Subhash Chowk, District Jaipur City North (Raj.) for the offences
punishable under Sections 8/21 & 8/22 of NDPS Act.
2. It is contended by learned counsel for the petitioner that the
accused-petitioner has falsely been implicated in this case.
Learned counsel submits that no contraband has been recovered
from the possession of petitioner. It is submitted that petitioner
has been made accused in this case solely on the basis of
interrogation of co-accused person namely- Dilip Kumar who was
found in possession of alleged contraband which is below
commercial quantity. Counsel submits that the said co-accused
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person has already been granted benefit of bail by this court. It is
contended that trial of the case will take considerable time in its
conclusion. Petitioner is in custody since 13.01.2025 and further
custody of the petitioner would not serve any fruitful purpose.
3. Learned Public Prosecutor opposes the submissions made by
learned counsel for the petitioner and submits that petitioner is a
habitual offender as two other cases under the NDPS Act have
been registered against him.
4. I have considered the contentions.
5. Having regard to the totality of the facts and circumstances
of the case; considering the arguments advanced by both the
parties, especially the fact that no contraband has been recovered
from the possession of the petitioner and co-accused person Dilip
Kumar who was found in possession of the alleged contraband has
been granted benefit of bail by this court and trial will take
considerable time in its conclusion as well as looking to the
custody period, but without commenting anything on the
merits/demerits of the case, I deem it proper to allow the bail
application.
6. This bail application is accordingly allowed and it is directed
that accused-petitioner – Ntatom Philipi Egbo @ Kaka @ Colis
@ Ifeanyi S/o Egbo Godwill, shall be released on bail provided
he surrenders his passport and furnishes a personal bond in the
sum of Rs.50,000/- (Rupees Fifty Thousand Only) together with
two sureties in the sum of Rs.25,000/- (Rupees Twenty Five
Thousand Only) each to the satisfaction of the learned Trial Court
with the stipulation that he shall appear before that Court and any
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court to which the matter is transferred, on all subsequent dates
of hearing and as and when called upon to do so.
7. It is made clear that the accused-petitioner shall not involve
in any other offence(s) during currency of the bail and he shall
mark his presence in second week of every month in the
concerned police station, till trial is concluded.
8. Concerned SHO is directed to maintain a register recording
the attendance of the petitioner, as directed above. In case the
petitioner fails to mark his presence in the concerned police
station, as directed above, the concerned SHO is directed to
immediately report the matter to the concerned Court in this
regard.
9. If breach of any of these conditions is reported or come to
the notice of the Court, the same shall alone be a reason for the
trial Court to cancel the bail granted to him by this Court.
10. The observation made herein above is only for decision of
the instant bail application and would not have any impact on the
trial of the case in any manner.
(ANIL KUMAR UPMAN),J
GAUTAM JAIN /165
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