RAJPAL MEENA S/O SHRI RAMKUNWAR MEENA v. THE STATE OF RAJASTHAN
CRLMB/5138/2025 · 2025-05-07
Ashutosh Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 15537 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 15537 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:19248] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 5138/2025 Rajpal Meena S/o Shri Ramkunwar Meena, Aged About 26 Years, R/o Bishansinghpura, Police Station Shivdaspura, Tehsil Bassi, District Jaipur (Raj.) (At Present Confined In Central Jail, Jaipur). ----Accused/Applicant Versus The State of Rajasthan, Through PP ----Respondent For Applicant : Mr. Anshuman Saxena, Adv. with Mr. Sagar Sharma, Adv. For Respondent : Mr. Rajesh Choudhary, GA-cum-AAG Ms. Arti Sharma, Dy.G.A Mr. Vivek Sharma, Addl.G.A.
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 07.04.2025 passed by learned Additional Sessions Judge No.11, Jaipur Metropolitan-I, Headquarter Sanganer in Bail Application No.122/2025 arising out of FIR No.218/2025, registered at Police Station Shivdaspura, District Jaipur City (South) for the offence punishable under Section 8/21 of 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 B.N.S.S., 2023 has been dismissed.
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2.
Learned counsel for the accused-applicant submits that the accused-applicant has falsely been implicated in this case.
Learned counsel for the accused-applicant also submits that on 24.03.2025, 21 grams of 'smack' has been recovered from the possession of the accused-applicant. Learned counsel further submits that the small quantity of 'smack' is 5 grams and commercial quantity is 250 grams.
3.
Learned counsel for the accused-applicant contends that the contraband recovered from the accused-applicant is more than the small quantity but much less than the commercial quantity and no other case of similar nature has been registered against the accused-applicant. Learned counsel also contends that accused- applicant was arrested on 24.03.2025 and since then, he is behind the bars. Learned counsel further contends that the investigation is pending, which will take long time to conclude, therefore, the accused-applicant be granted benefit of bail.
4. Learned Government Advocate assisted by learned Deputy Government Advocate and learned Additional Government Advocate vehemently oppose this bail application.
5. Heard learned counsel for the parties and also perused the material available on record.
6. As per the prosecution case, on 24.03.2025, 21 grams of 'smack' has been recovered from the possession of the accused- applicant, which is above the small quantity, but much less than the commercial quantity. The accused-applicant is behind the bars since 24.03.2025.
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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 investigation 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.
8. Consequently, this bail application filed under Section 483 of the B.N.S.S, 2023 is allowed. It is ordered that accused-applicant Rajpal Meena S/o Shri Ramkunwar Meena, arrested in connection with FIR No.218/2025, registered at Police Station Shivdaspura, District Jaipur City (South) 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 /120