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2025 DAILYLAW 20660 (RAJ)

RAJENDRA @ NANYA S/O KAJODMAL v. STATE OF RAJASTHAN

CRLMB/7311/2025 · 2025-08-08

Ashok Kumar Jain

body2025

Judgment text

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[2025:RJ-JP:30885] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 7588/2025 Kishanlal S/o Kalyan, Aged About 53 Years, R/o Village Chakwa, Ps Sarwad, Dist. Ajmer. At Present Residing At Behind Vinayak Nagar Tirupati Hotel, Ajmer Road Kekri, Ps Kekri City, Dist. Ajmer (Raj.). (At Present Lodged In Sub Jail, Kekri). ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Jai Prakash Gupta Mr. Rishabh Kumawat Mr. Abinav Gupta Mr. Mohit Singhal Mr. Udit Singh Ms. Shreya Khandal For Respondent(s) : Mr. Vijay Singh Yadav, PP HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 08/08/2025 1 This instant application for bail filed under Section 483 of BNSS by the applicant-accused Kishanlal S/o Kalyan in FIR No. 176/2025 dated 25.05.2025 registered at P.S. Kekri City, District -Ajmer, whereby the applicant-accused has charged under Sections 8/15 and 8/18 of NDPS Act. 2 The applicant was arrested on 25.05.2025 and is in judicial custody since then. The Court below has dismissed the bail application. 3 Learned counsel for the applicant relying upon grounds raised in bail application submits that the applicant is innocent and falsely implicated in the present case. He also [2025:RJ-JP:30885] (2 of 4) [CRLMB-7588/2025] submits that police has not complied the mandatory provisions of law while effecting search and seizure from the applicant. He further submits that the recovered quantity of both opium and poppy straw is less than commercial and police has already completed the investigation by filing charge-sheet. He also submits that there is no criminal antecedents against the applicant and he is behind the bars since 25.05.2025. Further, he submits that the investigation relating to present applicant-accused is complete and is no more required by the Investigating Agency for investigation. He further assures that in case, the applicant-accused is required for further investigation, the applicant-accused will be available for such investigation. He also submits that the investigation will take its own time and no purpose will be served by keeping the applicant-accused in custody. 4 Aforesaid contentions were opposed by learned Public Prosecutor. 5 Heard learned counsel for the applicant-accused along with learned Public Prosecutor. Perused the material placed on record. 6 On basis of information received by SHO P.S. Kekri City District Ajmer the applicant-accused was intercepted and total 4.329 Kgs of poppy husk (crushed capsule of opium residue) from 2 bags and 189 grams of opium were recovered. After investigation, police has filed a charge- sheet against the applicant. There is no criminal antecedent against the applicant and recovered quantity is less than commercial quantity. [2025:RJ-JP:30885] (3 of 4) [CRLMB-7588/2025] 7 Upon hearing the arguments and perusing the record, we have found that the applicant-accused is no more required in the investigation and he is 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 applicant- accused. 8 Thus, the instant bail application filed on behalf of applicant- accused Kishanlal S/o Kalyan, is hereby allowed and the applicant-accused is ordered to be released on bail upon furnishing a personal bond of ₹50,000/- with two sureties of like amount to the satisfaction of the Trial Court with the following conditions:- (i) The applicant-accused shall not tamper with evidence or influence the witness in any manner. (ii) The applicant-accused shall not indulge in any criminal activity and shall not repeat any criminal offence punishable under the Law. (iii) The applicant-accused shall mark his attendance on every first Monday of every month at concerned Police Station till disposal of the sessions case. (iv) The applicant-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. (v) In case of any violation of above conditions, the bail granted to the applicant-accused shall be liable to be canceled. [2025:RJ-JP:30885] (4 of 4) [CRLMB-7588/2025] 9. The Registry is directed to send a copy of this order to the Trial Court through E-mail. (ASHOK KUMAR JAIN),J MONU /89