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2025 DAILYLAW 16601 (RAJ)

SUNDAR LAL S/O GOPAL v. STATE OF RAJASTHAN

CRLMA/196/2025 · 2025-05-12

Anil Kumar Upman

body2025

Judgment text

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Application No. 196/2025 IN S.B. Criminal Misc Bail Application No.2652/2025 Sundar Lal S/o Gopal, Aged About 35 Years, R/o Himtasar, Tehsil Naukha, Police Station Naukha, District Bikaner. (At Present Confined In Central Jail, Ajmer). ----Petitioner Versus State of Rajasthan, through PP ----Respondent For Petitioner(s) : Mr. Aayush Agarwal For Respondent(s) : Mr. Vivek Sharma, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 12/05/2025 The instant misc. application has been filed on behalf of the applicant-accused seeking modification in the order dated 24.02.2025 whereby while allowing bail application of the accused applicant, this Court directed the learned trial court to verify/check factum of criminal antecedents of the petitioner before accepting bail bonds furnished by him in terms of the order dated 24.02.2025. Learned counsel submits that there is one other criminal case registered under the NDPS Act against the petitioner. However, as the accused petitioner is in jail and his family members are not aware of the pendency of other criminal case, he could not bring out this fact at that time. He also submits that (2 of 2) [CRLMA-196/2025] recovery of contraband of below commercial quantity is involved in that case. It is thus prayed that despite acceptance of this bail application on 24.02.2025, the petitioner is in jail as by effect of the direction given by this Court, the learned trial court is not accepting the bail bonds for releasing him on bail. He thus, prays for suitable modification in the order for release of petitioner on bail. Per contra, learned Public Prosecutor opposes the application. Having heard and considered the submissions advanced by both the sides and considering the fact that the present matter pertains to recovery of contraband of below commercial quantity; and he is behind the bars since his date of arrest, I deem it just and proper to direct the learned trial court to accept the bail bonds submitted by the petitioner in terms of the order dated 24.02.2025. The aforesaid direction given vide para nos.7 & 8, is hereby waived. However, the petitioner is directed to mark his presence in the local police station in second week of every month till currency of trial. During trial, he shall also not involve in similar offence. If breach of any 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 them by this Court. With these modification in the order dated 24.02.2025, the misc. application is allowed accordingly. (ANIL KUMAR UPMAN),J GAUTAM JAIN /733