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2025 DAILYLAW 21307 (RAJ)

JAGDISH S/O HAJARI v. STATE OF RAJASTHAN

CRLMB/7416/2025 · 2025-07-04

Ashutosh Kumar

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2025:RJ-JP:24770] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 7416/2025 Jagdish S/o Hajari, Aged About 61 Years, R/o Jeetapura, Police Thana Sawar, District Ajmer (Raj.) (Presently Confined In Central Jail Ajmer) ----Accused-Applicant Versus State Of Rajasthan, Through P.P. ----Respondent For Applicant(s) : Mr. Raj Kumar Kasana, Adv. For Respondent(s) : Ms. Arti Sharma, Dy.GA Mr. Vivek Sharma, Add.GA HON'BLE MR. JUSTICE ASHUTOSH KUMAR Order 04/07/2025 1. The present bail application has been filed by the accused- applicant under Section 483 of the B.N.S.S, 2023 against the order dated 02.06.2025 passed by learned Additional District and Sessions Judge No.1, Kekri (Ajmer) in connection with FIR No.105/2025 registered at Police Station Sawar District Ajmer for the offence punishable under Section 8/15 of The Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the 'NDPS Act'), by which the bail application of the accused- applicant under Section 483 of BNSS, 2023 has been dismissed. 2. Learned counsel for the accused-applicant submits that the accused-applicant has falsely been implicated in this case. Learned counsel argues that the contraband, alleged to be recovered from the possession of the accused-applicant is 4.1 Kg of 'poppy husk', which is much less than the commercial quantity. Learned counsel [2025:RJ-JP:24770] (2 of 3) [CRLMB-7416/2025] also argues that the age of the present accused-applicant is 61 years. Learned counsel contends that the accused-applicant was arrested on 27.05.2025 and since then, he is behind the bars. Learned counsel further contends that there is no other criminal case registered against the accused-applicant. Learned counsel prays that the investigation will take long time to conclude, therefore, the accused-applicant be enlarged on bail. 3. On the other hand, learned Public Prosecutor opposes the bail application. 4. Heard learned counsel for the parties and also perused the material available on record. 5. Having regard to the overall facts and circumstances of the case and also considering the facts that the accused-applicant is 61 years of age; that no other criminal case is registered against the accused-applicant; that the alleged contraband recovered is 4.1 Kg, which is much less than the commercial quantity and that the investigation 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 application filed by the accused-applicant. 6. Consequently, this bail application filed under Section 483 of the B.N.S.S, 2023 is allowed. It is ordered that accused-applicant Jagdish S/o Hajari arrested in FIR No.105/2025 registered at Police Station Sawar District Ajmer shall be released on bail; provided he 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. [2025:RJ-JP:24770] (3 of 3) [CRLMB-7416/2025] 7. Accused-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 Mohita /245