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2025 DAILYLAW 18050 (RAJ)

ADRISH S/O ASAGAR v. STATE OF RAJASTHAN

CRLMB/6089/2025 · 2025-08-27

Ashok Kumar Jain

Public Interest Litigationbody2025

Judgment text

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[2025:RJ-JP:34060] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 6089/2025 Adrish S/o Asagar, Aged About 26 Years, R/o Ward No. 02, Pilani, Police Station Pilani, Distt. Jhunjhunu (Raj.) (Presently Confined At District Jail Jhunjhunu). ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Sunil Kumar Singodiya For Respondent(s) : Ms. Arti Sharma, PP HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 27/08/2025 1. The present bail application under Section 483 of BNSS is filed by the applicant-accused Adrish S/o Asagar seeking bail in respect of a criminal case registered as FIR No.94/2025 dated 08.04.2025 registered at P.S. Pilani, District-Jhunjhunu for the offence under Section 8/20 of NDPS Act. 2. Learned counsel for the applicant submits that the applicant has been falsely implicated in the matter and the investigation against him is complete and he is no more required in investigation. He further submits that there are no chance of fleeing of applicant accused from the jurisdiction of this Hon’ble Court. The applicant does not have any criminal antecedents. He also submits that the applicant undertakes not to repeat offence and cooperate with investigation/trial, which will take time. 3. Learned counsel for applicant submits that without following mandatory provision under the NDPS Act, present applicant was detained and without calling independent witness, a recovery was [2025:RJ-JP:34060] (2 of 2) [CRLMB-6089/2025] effected. He further submitted that the recovered quantity is less than commercial and disposal of case will take time. 4. Learned Public Prosecutor has vehemently opposed the bail application and submitted that the allegations are grave and serious in nature. 5. Heard learned counsel for the applicant and learned Public Prosecutor. Perused the material placed on record. 6. On basis of information SHO, P.S. Pilani, has recovered 1.961 kg ganja from possession of present applicant and registered a case under Section 8/20 of NDPS Act. Applicant is in custody since 07.04.2025. The material on record indicate that a similar nature of 3 cases under Section 8/20 of NDPS Act were registered in year, 2022, 2024 and 2025. It is also evident that present applicant- accused was released on bail on 29.03.2025 in two cases and still he was found involved in present case relating to NDPS Act. 7. The facts and the material indicate that the alleged offence are of serious nature and role attributed to applicant is prima facie sufficient to consider complicity of applicant in the crime. Therefore, at this juncture, considering the evidence collected so far, this is not a fit case to enlarge the applicant accused on bail. 8. Considering the gravity of allegations and overall facts and circumstances of the case, it is appropriate to dismiss the bail application of the applicant accused at this stage. 9. Accordingly, the application for bail filed under Section 483 of BNSS preferred by Adrish S/o Asagar, is hereby dismissed. (ASHOK KUMAR JAIN),J GAURAV /168