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2025 DAILYLAW 20946 (RAJ)

RAHUL S/O RADHESHYAM v. STATE OF RAJASTHAN

CRLMB/7361/2025 · 2025-08-13

Ashutosh Kumar

body2025

Judgment text

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[2025:RJ-JP:31434] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous II Bail Application No. 7361/2025 Rahul S/o Radheshyam, Aged About 22 Years, R/o Neelkand Colony Manihara Mandir Ke Peche Baran, Thana- Kotwali Baran, District Baran (Raj). (Presently Confined In District Jail Baran). ----Accused/Applicant Versus State of Rajasthan, Through P.P. ----Respondent For Applicant : Mr. Buddhi Prakash Meena, Adv. For Respondent : Ms. Arti Sharma, Dy.G.A. HON'BLE MR. JUSTICE ASHUTOSH KUMAR Order 13/08/2025 1. The present second bail application has been filed by the accused-applicant. The first bail application filed on behalf of the accused-applicant has been dismissed by this Court vide order dated 23.04.2025 passed in S.B. Criminal Miscellaneous Bail Application No.16007/2024 and other connected matters on the ground that two other cases of similar nature were pending against the accused-applicant being FIR Nos.44/2024 and 372/2024 registered at Police Stations Anta and Kotwali Baran, District Baran respectively. 2. This second bail application has been filed by the accused- applicant under Section 483 of the B.N.S.S., 2023 against the order dated 17.05.2025 passed by learned Special Judge, Narcotic Drugs and Psychotropic Substances Cases, Baran, District Baran in Bail Application No.138/2025 arising out of FIR No.789/2024, [2025:RJ-JP:31434] (2 of 3) [CRLMB-7361/2025] registered at Police Station Kotwali (Baran), District Baran for the offence punishable under Section 8/20 of Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the 'Act of 1985') by which the bail application of the accused- applicant under Section 483 of the B.N.S.S., 2023 has been dismissed. 3. Learned counsel for the accused-applicant submits that the accused-applicant has falsely been implicated in this case. Learned counsel also submits that as per the impugned FIR, on 10.01.2024, total 20 kg and 350 gms of 'Ganja' was allegedly recovered from the possession of the present accused-applicant along with other four co-accused persons, however, the other co- accused persons have already been enlarged on bail by this Court. 4. Learned counsel for the accused-applicant contends that the above-mentioned cases which were pending against the accused- applicant were of less than commercial quantity and the accused- applicant has been enlarged on bail in these cases vide orders dated 01.02.2024 and 23.05.2024 passed by learned trial Court in Bail Application Nos.18/2024 and 136/2024 respectively. Learned counsel further contends that since 15.11.2024, the accused- applicant is behind the bars and charge-sheet has already been filed and trial will take long time to conclude, therefore, the accused-applicant be granted benefit of bail. The orders dated 01.02.2024 and 23.05.2024 are taken on record. 5. Learned counsel appearing on behalf of the State vehemently opposes this bail application. [2025:RJ-JP:31434] (3 of 3) [CRLMB-7361/2025] 6. Heard learned counsel for the parties and also perused the material available on record. 7. Considering the overall facts and circumstances of the case, looking to the age and period of custody of the accused-applicant; the fact that the accused-applicant has already been enlarged on bail by learned trial Court in two other cases of similar nature registered against the accused-applicant, and charge-sheet has been filed and also 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 this second bail application filed by the applicant. 8. Consequently, this second bail application filed under Section 483 of the B.N.S.S., 2023 is allowed. It is ordered that accused- applicant Rahul S/o Radheshyam, arrested in connection with FIR No.789/2024, registered at Police Station Kotwali (Baran), District Baran, shall be released on bail; provided he furnishes personal bond in the sum of Rs.1,00,000/- and two solvent attested sureties of Rs.50,000/- each to the satisfaction of the trial Court. Applicant 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 AARZOO ARORA /21