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2025 DAILYLAW 12442 (RAJ)

MOHAN SINGH S/O LATE SHRI BANNU SINGH v. STATE OF RAJASTHAN

CRLMB/4159/2025 · 2025-03-27

Anil Kumar Upman

body2025

Judgment text

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[2025:RJ-JP:14139] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 4159/2025 Mohan Singh S/o Late Shri Bannu Singh, Aged About 63 Years, R/o Bich Ka Mohalla, Alwar, Police Station Kotwali, Alwar, District Alwar, Rajasthan. (At Present Confined In Central Jail Jaipur, District Jaipur) ----Accused-Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Subhash Sharma, Adv. For Respondent(s) : Mr. S.R. Dhakad, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 27/03/2025 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.165/2023 registered at Police Station Andhi, District Jaipur Rural for the offence punishable under Section 8/20 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 admittedly, no contraband has been recovered from the possession of the petitioner and he has been made accused in this case solely on the basis of interrogation of the co-accused person, who was found in possession of the alleged contraband. He further submits that co-accused person has already been granted benefit of bail by the trial Court. He [2025:RJ-JP:14139] (2 of 3) [CRLMB-4159/2025] contends that there are no criminal antecedents against the petitioner and trial of the case will take considerable time in its conclusion. He argues that the petitioner is in custody since 06.03.2025 and further custody of the petitioner would not serve any fruitful purpose. 3. Learned Public Prosecutor opposes the submissions made by the learned counsel for the petitioner. 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 learned counsel for the petitioner, especially the fact that no contraband has been recovered from the possession of the petitioner; co- accused person, who was found in possession of the contraband, has been granted benefit of bail by the trial Court; absence of criminal antecedents and trial will take time in its conclusion as well as looking to the period of custody, 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- Mohan Singh S/o Late Shri Bannu Singh shall be released on bail provided he 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 Court to which the matter is transferred, on all [2025:RJ-JP:14139] (3 of 3) [CRLMB-4159/2025] 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 any breach 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. (ANIL KUMAR UPMAN),J MADAN/255