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2025 DAILYLAW 12142 (RAJ)

BALRAM S/O SUKALAL v. STATE OF RAJASTHAN

CRLMB/4001/2025 · 2025-08-01

Ashutosh Kumar

body2025

Judgment text

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[2025:RJ-JP:29538] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 4001/2025 Balram S/o Sukalal, Aged About 25 Years, R/o Inayati, Police Station Sapotra, District Karauli (Rajasthan) (Presently Confined In Jail At Hindaun City). ----Accused/Applicant Versus State of Rajasthan, Through PP ----Respondent For Applicant : Mr. Rajneesh Gupta, Adv. with Mr. Rahul Sharma, Adv. For Respondent : Ms. Arti Sharma, Dy.G.A. HON'BLE MR. JUSTICE ASHUTOSH KUMAR Order 01/08/2025 1. The present bail application has been filed by the accused- applicant under Section 483 of the B.N.S.S., 2023 against the order dated 07.03.2025 passed by learned Special Judge, Narcotic Drugs and Psychotropic Substances Cases (Additional Sessions Judge No.1), Hindaun City in Bail Application No.108/2025 arising out of FIR No.228/2024, registered at Police Station Nadoti, District Karauli for the offences punishable under Sections 8/21 and 8/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the 'Act of 1985') by which the bail application of the accused-applicant under Section 483 of the B.N.S.S., 2023 has been dismissed. 2. Learned counsel for the accused-applicant submits that the accused-applicant has falsely been implicated in this case. [2025:RJ-JP:29538] (2 of 3) [CRLMB-4001/2025] Learned counsel also submits that on 02.08.2024, 6.27 grams of 'smack' has been recovered from the possession of the co- accused-Prem Singh Meena. Learned counsel further submits that no contraband has been recovered from the possession of the present accused-applicant and he has been made accused only on the basis of statement of co-accused-Prem Singh Meena. Learned counsel argues that co-accused-Prem Singh Meena has already been granted benefit of bail vide order dated 17.09.2024 passed by the Coordinate Bench of this Court in S.B. Criminal Misc. Bail Application No.10491/2024. 3. Learned counsel for the accused-applicant contends that the accused-applicant was arrested on 03.03.2025 and since then, he is behind the bars. Learned counsel also contends that the charge- sheet has already been filed and trial will take long time to conclude, therefore, the accused-applicant be granted benefit of bail. 4. Learned Deputy Government Advocate vehemently opposes this bail application and submits that looking to the fact that five other cases of similar nature have been registered against the accused-applicant, he should not be enlarged on bail. 5. Heard learned counsel for the parties and also perused the material available on record. 6. Considering the overall facts and circumstances of the case, looking to the period of custody of the accused-applicant; the fact that no recovery has been made from the possession of the present accused-applicant; the fact that the co-accused-Prem Singh Meena has already been enlarged on bail by the Coordinate [2025:RJ-JP:29538] (3 of 3) [CRLMB-4001/2025] Bench of this Court; that the charge-sheet has been filed and trial will take long time to conclude, but without expressing any opinion on the merits/demerits of the case, this Court deems it proper to allow the bail application filed by the applicant. 7. Consequently, this bail application filed under Section 483 of the B.N.S.S., 2023 is allowed. It is ordered that accused-applicant Balram S/o Sukalal, arrested in connection with FIR No.228/2024, registered at Police Station Nadoti, District Karauli shall be released on bail; provided he furnishes personal bond in the sum of Rs.1,00,000/- and two solvent attested sureties of Rs.50,000/- each to the satisfaction of the trial Court. Applicant shall be required to appear before that Court on all dates of hearing and as and when called upon to do so. (ASHUTOSH KUMAR),J AARZOO ARORA /78