[2025:RJ-JP:20161] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous II Bail Application No. 5302/2025 Laxman S/o Meva, R/o Ghoda Basti, Police Station Jawahar Nagar, Kota. (At Present Confined In Central Jail Kota, District Kota). --Accused/Petitioner Versus State of Rajasthan through P.P. ----Respondent For Petitioner(s) : Mr. Nitin Kumar Sharma, Adv. For State : Mr. Tapesh Agarwal, Public Prosecutor HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 13/05/2025 1. This second bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita has been filed, on behalf of the petitioner, who has been arrested in connection with F.I.R. No.09/2025 registered at Police Station Jawahar Nagar, Kota City, for the offences punishable under Section 8/20 of N.D.P.S. Act, 1985 and Sections 19/54 & 20/54 of Rajasthan Excise Act, 1950. 2. Learned counsel appearing on behalf of the petitioner submits that first bail application of the present petitioner was dismissed as withdrawn on 28.03.2025 with liberty to file fresh bail application before the learned Trial Court. Counsel submits that, thereafter, the bail was filed before the learned Trial Court and the same was dismissed on the basis of the fact that five other criminal cases have been registered against the petitioner. [2025:RJ-JP:20161] (2 of 3) [CRLMB-5302/2025] 3. Learned counsel further submits that according to the prosecution case, petitioner was allegedly found in conscious possession of 205 gm Ganja, 36 quarters of Globus Green liquor, 8 bottles of beer and 48 quarters of illicit Lemon country-made liquor. 4. Learned counsel also submits that petitioner is in custody since 03.01.2025 and further custody of the petitioner would not serve any fruitful purpose. The alleged offences are triable by First Class Magistrate. Learned counsel submits that trial will take considerable time in its conclusion. 5. Learned Public Prosecutor has opposed the submissions made by learned counsel for the petitioner and submitted that petitioner is a habitual offender and as many as five other criminal cases have been registered against him 6. I have considered the contentions. 7. Having regard to the totality of the facts and circumstances of the case; considering the arguments advanced by both the parties, also considering the fact that alleged offences are triable by First Class Magistrate; further considering the quantity of alleged Ganja and liquor, as well as looking to the custody period of the petitioner, but without commenting anything on the merits/demerits of the case, I deem it proper to allow the second bail application. 8. This second bail application is accordingly, allowed and it is directed that accused-petitioner - Laxman S/o Meva 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 [2025:RJ-JP:20161] (3 of 3) [CRLMB-5302/2025] 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 subsequent dates of hearing and as and when called upon to do so. 9. 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 first week of every month in the concerned police station. 10. 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. 11. 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. 12. The observation made herein above is only for decision of the instant bail application and would not have any impact on the trial of the case in any manner. (ANIL KUMAR UPMAN),J AMIT/35