Research › Search › Judgment

High Court of Rajasthan · body

2025 DAILYLAW 20288 (RAJ)

SATYANARYAN S/O GAJANAND v. STATE OF RAJASTHAN

CRLMB/6961/2025 · 2025-05-28

Ashok Kumar Jain

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2025:RJ-JP:22554] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 6961/2025 Satyanaryan S/o Gajanand, R/o Village Narsinghpura, Police Station Sadar, District Bundi (Raj.) (Accused Petitioner Is In District Jail, Bundi). ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent Connected With S.B. Criminal Miscellaneous Bail Application No. 6962/2025 Bhanwar Lal S/o Kalyan, R/o Raghunathpura, Police Station Hindoli, District Bundi (Raj.) (Accused Petitioner Is In District Jail, Bundi). ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Amitabh Vijaywargiya For Respondent(s) : Mr. Vijay Singh Yadav, PP HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 28/05/2025 1. This instant application for bail filed under Section 483 of BNSS by the applicants-accused Satyanaryan S/o Gajanand and Bhanwar Lal S/o Kalyan in FIR No.186/2025 dated 15.05.2025 registered at P.S. Sadar District - Bundi , whereby the applicants-accused were charged under Section 8/15 of NDPS Act. [2025:RJ-JP:22554] (2 of 4) [CRLMB-6961/2025] 2. Learned counsel for the applicants submitted that petitioners are innocent persons and they were falsely implicated by police. He further submitted that the allegation on present petitioners is for transportation of 9Kg80gm poppy husk (crush capsule of poppy). He further submitted that the recovered quantity is not a commercial quantity and disposal of present case will take its own time. Learned counsel for petitioners has referred non-compliance of mandatory provision under NDPS Act and submitted that the person who conducted the search and seizure was not authorized under the notification, issued under Section 42 of NDPS Act. 3. Aforesaid contentions were opposed by learned Public Prosecutor. He submitted a report received from concerned police station along with criminal antecedents of accused. 4. Heard learned counsel for the applicants-accused and learned Public Prosecutor. Perused the material placed on record. 5. On the basis of information, motorcycle No.RJ08BS5281 was intercepted by police on 15.05.2025 and 9Kg80gm poppy husk was recovered from a gunny bag in possession of both the accused. After completing the proceedings, FIR No.186/2025 under Section 8/15 of NDPS Act was registered at P.S. Sadar, Dist. Bundi. The petitioners are in custody since 15.05.2025. 6. There are three criminal cases against Bhanwar Lal but all pertains to IPC wherein one case Bhanwar Lal was convicted but in another case, he was admonished and in third case, he was fined. There is no criminal antecedents against [2025:RJ-JP:22554] (3 of 4) [CRLMB-6961/2025] Satyaranayan. The grounds raised by learned counsel for petitioners may be considered during trial but not at the stage of bail. The recovered quantity of contraband is not commercial quantity. 7. Upon hearing the arguments and perusing the record, we have found that the applicants-accused are no more required and are in custody for quite some time. The further proceedings will take its own time, therefore, looking to entirety of facts and circumstances of the case and without expressing any opinion on merits of the case, the Court deems it appropriate to grant bail to the applicants-accused Satyanaryan S/o Gajanand and Bhanwar Lal S/o Kalyan. 8. Thus, the instant bail application filed on behalf of applicants-accused Satyanaryan S/o Gajanand and Bhanwar Lal S/o Kalyan is hereby allowed and the applicants-accused Satyanaryan S/o Gajanand and Bhanwar Lal S/o Kalyan is ordered to be released on bail upon furnishing a personal bond of ₹50,000/- with two sureties of ₹25,000/- each by each appellant to the satisfaction of the Trial Court with the following conditions:- (i) The applicants-accused shall not tamper with evidence or influence the witness in any manner. (ii) The applicants-accused shall not indulge in any criminal activity and shall not repeat any criminal offence punishable under the Law. [2025:RJ-JP:22554] (4 of 4) [CRLMB-6961/2025] (iii) The applicants-accused shall attend the hearing of the Trial Court on the date fixed by the Trial court or as and when asked to appear before the Trial Court. (iv) In case of any violation of above conditions, the bail granted to the applicants-accused shall be liable to be cancelled. 9. The Registry is directed to send a copy of this order to the Trial Court through E-mail. (ASHOK KUMAR JAIN),J PREETI VALECHA /316-317