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2025 DAILYLAW 19588 (RAJ)

DINESH BAIRAGI S/O SALGRAM v. STATE OF RAJASTHAN

CRLMB/6678/2025 · 2025-07-09

Ashutosh Kumar

body2025

Judgment text

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[2025:RJ-JP:25338] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR (1) S.B. Criminal Misc. Bail Application No. 6678/2025 1. Dinesh Bairagi S/o Salgram, Aged About 35 Years, R/o Borkheri, Police Station Sunel, District Jhalawar (Raj.). (Presently Confined In Sub Jail At Bhawani Mandi). 2. Suresh S/o Salgram, Aged About 34 Years, R/o Borkheri, Police Station Sunel, District Jhalawar (Raj.). (Presently Confined In Sub Jail At Bhawani Mandi). ----Accused/Applicants Versus State Of Rajasthan, Through PP ----Respondent Connected With (2) S.B. Criminal Misc. Bail Application No. 7419/2025 Peeru Gurjar S/o Nanuram, Aged About 22 Years, R/o Lalukhedi Police Station Nalkheda District Agar Malwa (Mp) (At Present Confined In Sub District Jail Bhawani Mandi District Jhalawar (Raj) ----Accused/Applicant Versus State Of Rajasthan, Through PP ----Respondent For Applicants : Mr. Rajveer Singh Jhala, Adv. Mr. Rohit Khandelwal, Adv. For Respondent : Ms. Arti Sharma, Dy.G.A. Mr. Naresh Kumar Gupta, PP HON'BLE MR. JUSTICE ASHUTOSH KUMAR Order 09/07/2025 1. As these bail applications have been filed pertaining to the same FIR, they are being heard and decided by the instant common order. [2025:RJ-JP:25338] (2 of 3) [CRLMB-6678/2025] 2. These bail applications have been filed by the accused- applicants under Section 483 of the B.N.S.S, 2023 in the matter arising out of FIR No.95/2025, registered at Police Station Sunel, District Jhalawar, for the offences punishable under Section 8/15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the 'Act of 1985'). 3. Learned counsel for the accused-applicants submits that the accused-applicants have falsely been implicated in this case. Learned counsel also submits that as per the impugned FIR, on 04.05.2025, 175 kg of 'poppy husk' was recovered from a container Truck bearing registration No. RJ-32 GE 0553, which was being driven by the co-accused Salam Shah and he was arrested on the spot. Learned counsel contends that in this case, no recovery has been made from the accused-applicants and the present accused-applicants have been made accused simply on the basis of statements of the co-accused Salam Shah. 4. Learned counsel for the accused-applicants argues that the accused-applicants No.1 and 2-Dinesh and Suresh were arrested on 10.05.2025 and accused-applicant-Peeru Gurjar was arrested on 20.05.2025 and since then, all these accused-applicants are behind the bars. 5. Learned counsel for the accused-applicants submits that no other criminal case has been registered against them and investigation and trial will take long time to conclude, therefore, the accused-applicants be granted benefit of bail. 6. Learned counsel appearing on behalf of respondent-State vehemently oppose these bail applications and submit that looking [2025:RJ-JP:25338] (3 of 3) [CRLMB-6678/2025] to the seriousness of the offences committed by the accused- applicants, they should not be enlarged on bail. 7. Heard learned counsel for the parties and also perused the material available on record. 8. Having regard to the facts and circumstances of the case; considering the period of custody of the accused-applicants; the fact that no recovery has been made from the accused-applicants and they have been made accused simply on the basis of statements of the co-accused Salam Shah, and also considering the fact that the 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 these bail applications filed by the applicants. 9. Consequently, these bail applications filed under Section 483 of the B.N.S.S., 2023 are allowed. It is ordered that accused- applicants namely (1) Dinesh Bairagi S/o Salgram, (2) Suresh S/o Salgram & (3) Peeru Gurjar S/o Nanuram, arrested in connection with FIR No.95/2025, registered at Police Station Sunel, District Jhalawar, will be released on bail; provided each of them furnishes personal bond in the sum of Rs.1,00,000/- each and two solvent attested sureties of Rs.50,000/- each to the satisfaction of the trial Court. Applicants will 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 /282-283-S.