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2025 DAILYLAW 21529 (RAJ)

BHAGCHAND S/O KISHNA v. STATE OF RAJASTHAN

CRLMB/7561/2025 · 2025-07-18

Ashutosh Kumar

body2025

Judgment text

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[2025:RJ-JP:26966] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 7561/2025 Bhagchand S/o Kishna, Aged About 32 Years, R/o Dhandho Ka Kheda, Kaneikhurd, Police Station Bhinai, District Ajmer. (At Present Confined In Central Jail, Ajmer). ----Accused-Applicant Versus State Of Rajasthan, Through PP ----Respondent For Applicant(s) : Mr. Aayush Agarwal, Adv. For Respondent(s) : Mr. Vivek Sharma, Add.GA HON'BLE MR. JUSTICE ASHUTOSH KUMAR Order 18/07/2025 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 05.06.2025 passed by learned Additional District and Sessions Judge No.1, Kekri (Ajmer) in connection with FIR No.119/2025 registered at Police Station Bhinai 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 as per the prosecution case, on 31.05.2025 9.8 Kg of 'poppy husk' was recovered from the possession of the accused-applicant, which is much less than the commercial quantity. Learned counsel argues that the accused-applicant was arrested on 31.05.2025 and since then, he is behind the bars. Learned counsel contends that there is no other criminal case registered against the [2025:RJ-JP:26966] (2 of 2) [CRLMB-7561/2025] accused-applicant. Learned counsel prays that the investigation and trial 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 no other criminal case is registered against the accused-applicant; that the alleged contraband recovered is much less than the commercial quantity; that the investigation and 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 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 Bhagchand S/o Kishna arrested in FIR No. 119/2025 registered at Police Station Bhinai 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. 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 /199