Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:34624] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 7750/2025 Mahaveer S/o Gulab Das, Aged About 36 Years, R/o Asop Police Station Asop District Jodhpur Rural (Raj.) (Presently Confined At Sub- Jail Bhawani Mandi District Jhalawar) ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent Connected With S.B. Criminal Miscellaneous Bail Application No. 7991/2025 Kushal Singh S/o Sodan Singh, Aged About 28 Years, R/o Arniya Police Station Mishroli District Jhalawar (Raj) (At Present Confined In Sub District Jail, Bhawani Mandi District Jhalawar (Raj) ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent S.B. Criminal Miscellaneous Bail Application No. 9507/2025 Gopal Luhar S/o Radheshyam, Aged About 25 Years, R/o Babulda Police Station Bhanpura District Mandsaur, Madhya Pradesh. (Presently Confined In Sub Jail Bhawanimandi) ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent S.B. Criminal Miscellaneous Bail Application No. 11009/2025 Gulabdas S/o Parasram, Aged About 66 Years, R/o Asop, Police Station Asop, District Jodhpur Rural (Raj.) (At Present Accused Petitioner Confined In Sub Jail Bhawanimandi). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Kalu Singh Sisodiya, through V.C. Mr. Rohit Khandelwal Mr. Prakash Kaushik for Mr. Hemant Kumar Sharma For Respondent(s) : Mr. N.S. Dhakar, PP
[2025:RJ-JP:34624] (2 of 3) [CRLMB-7750/2025] HON'BLE MR. JUSTICE ANIL KUMAR UPMAN
Order 29/08/2025
1. These bail applications have been filed under Section 483 of BNSS on behalf of the petitioners, who have been arrested in connection with FIR No. 254/2025 registered at Police Station Bhawani Mandi, District Jhalawar (Rajasthan) for the offences punishable under Sections 8/15 and 8/29 of NDPS Act.
2. It is contended by learned counsel for the petitioners that petitioners have falsely been implicated in this case. Counsel appearing on behalf of petitioner- Mahaveer submits that no contraband has been recovered from the possession of the petitioner. Counsel submits that alleged recovery of contraband (Poppy Husk) weighing 89.350kg has been shown at the instance of co-accused persons namely- Lal Singh, Kushal Singh and Gopal Luhar.
3. Arguing the case on behalf of petitioner- Gopal Luhar,
learned counsel submits that petitioner was not present at the place of recovery and later on, his name has been mentioned in the FIR and it has been alleged that petitioner and co-accused persons namely- Kushal Singh and Lal Singh were carrying poppy husk.
4. It is submitted that trial will take considerable time in its conclusion. It is further submitted that petitioners are in custody since their date of arrest and further custody of the petitioners would not serve any fruitful purpose.
[2025:RJ-JP:34624] (3 of 3) [CRLMB-7750/2025]
5. Learned Public Prosecutor opposes the submissions made by
learned counsel for the petitioners. He submits that commercial quantity of contraband has been recovered in this matter therefore, considering the rigour of Section 37 of NDPS Act, benefit of bail should not be extended to the petitioners. He further submits that investigation is still going on.
6. I have considered the contentions.
7. Having regard to the totality of the facts and circumstances of the case; considering the arguments advanced at bar, especially considering the fact that matter pertains to recovery of commercial quantity of contraband, so also the fact that investigation is still going on as well as looking to the nature and gravity of offence, this court is not inclined to enlarge the petitioners on bail.
8. Accordingly, these bail applications stand dismissed.
9. The observations made hereinabove are only for decision of the instant bail applications and would not have any impact on the trial of the case in any manner.
(ANIL KUMAR UPMAN),J LALIT MOHAN /50-53