Research › Search › Judgment

High Court of Rajasthan · body

2025 DAILYLAW 11997 (RAJ)

BRAJBHAN S/O SITARAM v. STATE OF RAJASTHAN

CRLMB/4019/2025 · 2025-04-07

Praveer Bhatnagar

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2025:RJ-JP:15430] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No.4019/2025 Brajbhan S/o Sitaram, Aged About 37 Years, R/o Village Patna, Police Station Chhabra District Baran (Raj.). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Jagdish Nagar, Adv. For Respondent(s) : Mr. Amit Poonia, PP HON'BLE MR. JUSTICE PRAVEER BHATNAGAR Order 07/04/2025 1. Apprehending his arrest in connection with FIR No.261/2024, registered at Police Station Chhipabarod, District Baran, for the offence(s) under Sections 8/15 and 8/29 of the N.D.P.S. Act, the accused-petitioner has preferred this criminal misc. bail application under Section 482 of B.N.S.S. 2. Learned counsel for the accused-petitioner submits that the accused-petitioner has falsely been implicated in this case. It is contended that the recovery of alleged contraband articles was effected from the other co-accused and solely upon the statements of the other co-accused, the accused petitioner has been implicated in the present case. It is further contended that apart from the disclosure statement of the other co-accused, there is no substantive evidence available on record indicating the involvement of the present accused-petitioner in the alleged crime. There are no criminal antecedents against the accused- [2025:RJ-JP:15430] (2 of 3) [CRLMB-4019/2025] petitioner, the accused-petitioner is ready and willing to co- operate with the investigation, custodial interrogation of the accused-petitioner is not required, therefore, the anticipatory bail application of the accused-petitioner may be allowed. 3. Learned Public Prosecutor has vehemently opposed the grant of anticipatory bail application and the submitted the factual report, the same is taken on record. 4. Heard and perused the material available on the record. 5. The recovery of poppy straw containing quantity of 17 Kg and 500 grams was effected from the other co-accused namely- Ramsingh, Ompakash and Kamalchand. Apart from the disclosure statements of the other co-accused, there are no substantive evidence available on record indicating the involvement of the accused-petitioner in the alleged crime. The accused-petitioner is ready and willing to co-operate with the investigation, therefore, without expressing anything on the merits of the case, I deem it just and proper to allow the instant anticipatory bail application of the accused-petitioner. 6. Accordingly, the anticipatory bail application under Section 482 of B.N.S.S. is allowed and it is ordered that in the event of arrest of the accused-petitioner- Brajbhan S/o Sitaram, in connection with FIR No.261/2024, registered at Police Station Chhipabarod, District Baran, he shall be released on bail, provided he furnishes a personal bond in the sum of Rs.50,000/- with two sureties in the sum of Rs.25,000/- each to the satisfaction of the S.H.O/I.O/Arresting Officer of the concerned Police Station on the following conditions:- [2025:RJ-JP:15430] (3 of 3) [CRLMB-4019/2025] (i) that the petitioner shall make himself available for interrogation by a police officer as and when required; (ii) that the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the court or any police officer. (iii) that the petitioner shall not leave India without previous permission of the court. (iv) that the petitioner shall submit his Mobile Phones and Sim Cards before the Investigating Agency, if the petitioner fails to submit his Mobile Phones and Sim Cards then the anticipatory bail will stand cancelled. (PRAVEER BHATNAGAR),J Ashwani Kr Srivastava /-29