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2025 DAILYLAW 19145 (RAJ)

MANSINGH S/O SOHANLAL v. STATE OF RAJASTHAN

CRLMB/6600/2025 · 2025-07-15

Ashutosh Kumar

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2025:RJ-JP:26393] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR 1. S.B. Criminal Misc. Bail Application No. 6271/2025 Hukam Singh S/o Kapoor, Aged About 38 Years, R/o Damdama, Police Station Bayana, District Bharatpur, Rajasthan. (At Present Accused Petitioner Confined In Sub Jail Hindaun City) ----Accused-Applicant Versus State Of Rajasthan, Through PP ----Respondent Connected With 2. S.B. Criminal Misc. Bail Application No. 6599/2025 Vakil S/o Shivcharan, Aged About 70 Years, R/o Somla, Police Station Surauth, District Karauli, Rajasthan. (At Present Accused Petitioner Is Confined In District Jail, Hindaun City) ----Accused-Applicant Versus State Of Rajasthan, Through PP ----Respondent 3. S.B. Criminal Misc. Bail Application No. 6600/2025 Mansingh S/o Sohanlal, Aged About 48 Years, R/o Bhukarwali, P.S. Suroth, District Karauli (Raj.) (At Present Confined In Sub Jail Hindaun City). ----Accused-Applicant Versus State Of Rajasthan, Through PP ----Respondent For Applicant(s) : Mr. Amitabh Jatav, Adv. Ms. Nagma Bano, Adv. Mr. R.D. Meena, Adv. with Mr. Hemant Singh, Adv. For Respondent(s) : Ms. Arti Sharma, Dy.GA Mr. Aman Kumar, AAAG HON'BLE MR. JUSTICE ASHUTOSH KUMAR Order 15/07/2025 1. As all these bail applications have been filed against the order of dismissal of bail applications of the present accused- [2025:RJ-JP:26393] (2 of 3) [CRLMB-6271/2025] applicants pertaining to the same FIR, they are being heard and decided by the instant common order. 2. The present bail applications have been filed by the accused-applicants under Section 483 of the B.N.S.S, 2023 against the orders dated 05.05.2025 & 07.05.2025 passed by learned Special Judge, NDPS Cases (Additional Sessions Judge No.1, Hindaun City) in connection with FIR No.0162/2025, registered at Police Station Surauth, District karauli for the offences punishable under Sections 8/20 and 8/29 of Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'NDPS Act'), by which the bail applications of the accused-applicants under Section 483 of the B.N.S.S, 2023 have been dismissed. 3. Learned counsel for the accused-applicants submits that the accused-applicants have falsely been implicated in this case. Learned counsel argues that as per the prosecution case, on 28.04.2025, 1.516 Kg of 'Ganja' was recovered from the possession of all the accused-applicants, which is more than the small quantity, but much less than the commercial quantity. Learned counsel also argues that no other criminal case has been registered against the accused-applicants namely:- Hukam Singh and Mansingh, however, one case under Section 8/29 of NDPS Act has been registered against the accused-applicant-Vakil, although, the age of the accused-applicant-Vakil is 70 years. Learned counsel contends that the accused-applicants were arrested on 28.04.2025 and since then, they are behind the bars. Learned counsel further contends that the charge-sheet has been filed and [2025:RJ-JP:26393] (3 of 3) [CRLMB-6271/2025] trial will take long time to conclude, therefore, the accused- applicants be enlarged on bail. 4. On the other hand, learned Public Prosecutor opposes the bail applications. 5. Heard learned counsel for the parties and also perused the material available on record. 6. Having regard to the facts and circumstances of the case and also considering the facts that the alleged contraband recovered is 'Ganja' being 1.516 Kg, which is though above the small quantity, but much less than the commercial quantity; that the accused- applicants are behind the bars since 28.04.2025; that the charge- sheet has been filed and trial 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 applications filed by the accused-applicants. 7. Consequently, the bail applications filed under Section 483 of the B.N.S.S, 2023 are allowed. It is ordered that accused- applicants namely; 1. Hukam Singh S/o Kapoor, 2. Vakil S/o Shivcharan & 3. Mansingh S/o Sohanlal, arrested in FIR No. 0162/2025, registered at Police Station Surauth, District karauli shall be released on bail; provided each of them furnishes personal bond in the sum of Rs.50,000/- and two solvent sureties of Rs.25,000/- each to the satisfaction of the learned trial Court. 8. The Accused-Applicants 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 Mohita /384-386