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2025 DAILYLAW 11340 (RAJ)

BALU SINGH S/O PRATHVI SINGH v. STATE OF RAJASTHAN

/3748/2025 · 2025-03-20

Praveer Bhatnagar

body2025

Judgment text

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[2025:RJ-JP:12618] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No.3748/2025 Balu Singh S/o Prathvi Singh, Aged About 45 Years, R/o Kolikheda Police Station Pidawa District Jhalawar (Raj.) (At Present Confined In Sub- District Jail, Bhawani Mandi District Jhalawar (Raj.) ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Rohit Khandelwal, Adv. For Respondent(s) : Mr. Sudesh Saini, PP HON'BLE MR. JUSTICE PRAVEER BHATNAGAR Order 20/03/2025 1. The instant bail application has been filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 on behalf of accused-petitioner. The accused-petitioner has been arrested in connection with FIR No.14/2025, registered at Police Station Sunel, District Jhalawar for the offence(s) under Sections 8/20 and 8/29 of the N.D.P.S. Act. 2. Learned counsel for the petitioner submits that the accused- petitioner has falsely been implicated in this case. It is contended that the recovery of contraband article containing 1Kg 118 grams of ‘ganja’ were effected from the possession of the other co- accused. It is also contended that apart from the disclosure statement of the other co-accused, there are no other substantive evidence available on record against the accused-petitioner. The accused-petitioner is in custody since 23.02.2025 and trial of the [2025:RJ-JP:12618] (2 of 3) [CRLMB-3748/2025] case may take considerable time, therefore, the bail application of the accused-petitioner may be allowed. 3. Learned Public Prosecutor has vehemently opposed the grant of bail application. It is contended that the similar nature of cases are pending against the accused-petitioner, therefore, the bail application of the accused-petitioner may be dismissed. 4. Heard and perused the material available on record. 5. Apart from the disclosure statement of the other co-accused, there are no other substantive evidence available on record indicating the involvement of the accused-petitioner in the alleged crime, the accused-petitioner is in custody since 23.02.2025 and trial of the case may take considerable time, therefore, without commenting anything on the merits of the case, I deem it just and proper to enlarge the accused-petitioner on bail. 6. Accordingly, the bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, is allowed and it is ordered that the accused-petitioner-Balu Singh S/o Prathvi Singh, in connection with FIR No.14/2025, registered at Police Station Sunel, District Jhalawar, 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 and as and when called upon to do so. 7. The accused-petitioner is also directed to mark his presence on 25th of every month till conclusion of trial before the concerned Police Station. The SHO of the concerned Police Station shall send the presence report of the accused-petitioner to the trial Court, every month. In case of any breach to the above condition, the [2025:RJ-JP:12618] (3 of 3) [CRLMB-3748/2025] learned Public Prosecutor shall be free to move the application against the petitioner for cancellation of the bail before the concerned Court. (PRAVEER BHATNAGAR),J Ashwani Kr Srivastava /-13