NEERAJ KUMAR S/O SHRI MORPAL v. CENTRAL BUREAU OF NARCOTICS
CRLMB/5103/2025 · 2025-05-07
Ashutosh Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 15368 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 15368 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:19227] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 5103/2025 Neeraj Kumar S/o Shri Morpal, R/o Village Ladpuria Tehsil Chippabarod, District Baran Rajasthan. (Presently Confined In Central Jail Kota). ----Accused/Applicant Versus Central Bureau Of Narcotics, Through Special Public Prosecutor. ----Respondent For Applicant : Mr. Majhar Hussain, Adv. For Respondent : Mr. Tej Prakash Sharma, Special Public Prosecutor HON'BLE MR. JUSTICE ASHUTOSH KUMAR
Order 07/05/2025
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 02.04.2025 passed by learned Special Judge, Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the 'Act of 1985') Court (Additional Sessions Judge), Ramganjmandi, District Kota in Bail Application No.121/2025 arising out of FIR No.1/2025, registered at Police Station Central Bureau of Narcotics, Bhawani Mandi, District Kota for the offence punishable under Section 8/21(b) of the Act of 1985 by which the bail application of the accused-applicant under Section 483 of 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:19227] (2 of 3) [CRLMB-5103/2025]
Learned counsel for the accused-applicant also submits that in this matter, the contraband recovered is 153 grams of 'Heroin' from a bag, which was kept in a bus. Learned counsel further submits that the contraband recovered from the possession of the accused-applicant is much less than the commercial quantity.
3.
Learned counsel for the accused-applicant contends that the accused-applicant is about 20 years of age and there is no other criminal case registered against the accused-applicant. Learned counsel also contends that accused-applicant was arrested on 07.03.2025 and since then, he is behind the bars. Learned counsel further contends that in this matter, charge-sheet has been filed and trial will take long time to conclude, therefore, the accused- applicant be granted benefit of bail.
4. Mr. Tej Prakash Sharma, learned Special Public Prosecutor vehemently opposes this bail application, however, he admits the fact that charge-sheet has already been filed.
5. Heard learned counsel for the parties and also perused the material available on record.
6. As per the prosecution case, on 07.03.2025, 153 grams of 'Heroin' was recovered from the possession of the accused- applicant, which is much less than the commercial quantity. The accused-applicant is behind the bars since 07.03.2025. The charge-sheet has already been filed.
7. Having regard to the facts and circumstances of the case; considering the period of custody of the accused-applicant and also considering the fact that the trial will take long time to conclude, but without expressing any opinion on the
[2025:RJ-JP:19227] (3 of 3) [CRLMB-5103/2025] merits/demerits of the case, this Court deems it proper to allow the bail application filed by the applicant.
8. Consequently, this bail application filed under Section 483 of the B.N.S.S, 2023 is allowed. It is ordered that accused-applicant Neeraj Kumar S/o Shri Morpal, arrested in connection with FIR No.1/2025, registered at Police Station Central Bureau of Narcotics, Bhawani Mandi, District Kota shall be released on bail; provided he furnishes personal bond in the sum of Rs.50,000/- and two solvent attested sureties of Rs.25,000/- 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 /117