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2025 DAILYLAW 14781 (RAJ)

RAJENDRA SINGH S/O PRAKASH v. THE STATE OF RAJASTHAN

CRLMB/4898/2025 · 2025-05-13

Ashutosh Kumar

Public Interest Litigationbody2025

Judgment text

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[2025:RJ-JP:20113] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 4898/2025 Rajendra Singh S/o Prakash, Aged About 45 Years, R/o Chhoti Udai Gangapur City, Police Station Gangapur City, District Sawai Madhopur (Raj.) (At Present Confined In The Sub Jail, Gangapur City). ----Accused-Applicant Versus The State Of Rajasthan, Through PP ----Respondent For Applicant(s) : Mr. Rajveer Singh, Adv. with Mr. Kapil Nagayach, Adv. For Respondent(s) : Ms. Arti Sharma, Dy. G.A. HON'BLE MR. JUSTICE ASHUTOSH KUMAR Order 13/05/2025 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 01.04.2025 passed by learned Special Judge, NDPS Cases, Dausa, District Dausa in connection with FIR No.104/2022, registered at Police Station Kotwali (Dausa), District Dausa for the offence punishable under Section 8/20 of The Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the 'NDPS Act'), by which the bail application of the accused-applicant under Section 483 of BNSS, 2023 has been dismissed. 2. Learned counsel for the accused-applicant submits that the accused-applicant has falsely been implicated in this matter. Learned counsel argues that the contraband was recovered on 20.02.2022 from the possession of co-accused Mahesh, Nandlal, [2025:RJ-JP:20113] (2 of 3) [CRLMB-4898/2025] Vinod, Balveer, Chain Singh, Brijesh, Mahendra and Jagmohan. All the co-accused namely; Mahesh vide order dated 29.06.2022 in S.B. Criminal Miscellaneous Bail Application No.6177/2022, Nandlal vide order dated 11.05.2022 in S.B. Criminal Miscellaneous Bail Application No.7016/2022, Vinod, Balveer, Chain Singh, Brijesh & Mahendra vide order dated 20.04.2022 in S.B. Criminal Miscellaneous Bail Application No.4552/2022 and other connected matters have been enlarged on bail by Co-Ordinate Bench of this Court. Learned counsel also argues that the present accused-applicant has been made accused in this matter on the basis of information given by the co-accused and the charge against the accused-applicant is for the offence punishable under Section 8/29 of NDPS Act. Learned counsel contends that no recovery has been made from the possession of the present accused-applicant. Learned counsel further contends that the charge-sheet has been filed and charge has been framed against the accused-applicant and trial will take long time to conclude. Learned counsel prays that the accused-applicant was arrested on 09.12.2024 and since then, he is behind the bars, therefore, the accused-applicant be enlarged on bail. 3. On the other hand, learned Public Prosecutor opposes the bail application and submits that the present accused-applicant was continuously in contact with the co-accused from 01.02.2022 to 21.02.2022 from whose possession the contraband was recovered, therefore, the present accused-applicant is also actively involved in this matter. Learned Public Prosecutor further submits that one more case is of similar nature is also pending [2025:RJ-JP:20113] (3 of 3) [CRLMB-4898/2025] against the accused-applicant, therefore, the bail application of the accused-applicant should be rejected. 4. Heard learned counsel for the parties and also perused the material available on record. 5. Having regard to the facts and circumstances of the case; considering the facts that all the co-accused-applicants, from whose possession the contraband was recovered namely; Mahesh, Nandlal, Vinod, Balveer, Chain Singh, Brijesh & Mahendra, have been enlarged on bail by the Co-Ordinate Bench of this Court; that 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 accused-applicant. 6. Consequently, this bail application filed under Section 483 of the B.N.S.S, 2023 is allowed. It is ordered that accused-applicant Rajendra Singh S/o Prakash, arrested in FIR No. 104/2022, registered at Police Station Kotwali (Dausa), District Dausa shall be released on bail; provided he furnishes personal bond in the sum of Rs.1,00,000/- and two solvent sureties of Rs.50,000/- each to the satisfaction of the learned trial Court. 7. Accused-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 Mohita /135