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2025 DAILYLAW 11915 (RAJ)

PRADEEP SINGH MALAWAT S/O LATE RAMDAYAL MALAWAT v. THE STATE OF RAJASTHAN

CRLMB/3873/2025 · 2025-03-24

Praveer Bhatnagar

body2025

Judgment text

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[2025:RJ-JP:13023] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 3873/2025 Pradeep Singh Malawat S/o Late Ramdayal Malawat, Aged About 27 Years, R/o Village Mandawar Police Station Baroni, District Tonk Hall Plot No 16 Ab, Shri Shyam Vihar Colony, Gokulpura Phatak, Police Station Kardhani, Jaipur- West, Rajasthan (At Present Confined At Central Jail, Jaipur). ----Petitioner Versus The State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Girraj P Sharma For Respondent(s) : Mr. Sudesh Saini, PP HON'BLE MR. JUSTICE PRAVEER BHATNAGAR Order 24/03/2025 The instant bail application has been filed under Section 483 BNSS on behalf of accused-petitioner. The petitioner has been arrested in connection with FIR No. 65/2025 registered at Police Station Kardhani, District Jaipur(West) for the offence(s) under Section 8/21 of the NDPS Act. Learned counsel for the petitioner submits that the accused- petitioner has falsely been implicated in this case solely on the basis of the disclosure statement of co-accused Manju Sansi who has already been enlarged on bail by this court vide order dated 13.02.2025. Disclosure statement of other co-accused is not admissible. Counsel further submits that narcotic contraband recovered in the matter, falls within the ambit of below commercial quantity. There is no connectivity between the [2025:RJ-JP:13023] (2 of 3) [CRLMB-3873/2025] petitioner and the co-accused about supplying of the contraband articles. Accused-petitioner is in custody since 03.03.2025 and the trial of the case will take considerable time, therefore, the benefit of grant of bail may be granted to the accused-petitioner. Per contra, learned Public Prosecutor opposes the grant of bail application and submitted the factual report and contended that petitioner is a habitual offender and against him similar nature of case is pending and apart from that petitioner was found to be involved in two criminal cases also, therefore considering the criminal antecedents of the accused-petitioner, his bail application deserves to be dismissed. Heard and perused the material available on the record. It is not desirable to express anything on the merits of the case. Accused-petitioner has been involved solely on the disclosure statement of co-accused and disclosure statement of other co-accused is not admissible. There is no substantive evidence available on the record indicating the involvement of the petitioner, without commenting anything on the merits of the case, I deem it just and proper to enlarge the accused-petitioner on bail. Accordingly, the bail application under Section 483 BNSS is allowed and it is ordered that the accused-petitioner Pradeep Singh Malawat S/o Late Ramdayal Malawat, in connection with FIR No. 65/2025 registered at Police Station Kardhani, District Jaipur(West) shall be enlarged on bail provided she 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 [2025:RJ-JP:13023] (3 of 3) [CRLMB-3873/2025] her appearance before the court concerned on all the dates of hearing as and when called upon to do so. (PRAVEER BHATNAGAR),J ashu /15