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2025 DAILYLAW 23349 (RAJ)

VIJAY SINGH S/O SHRI VEER SINGH v. STATE OF RAJASTHAN

CRLMB/8574/2025 · 2025-07-09

Sameer Jain

body2025

Judgment text

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[2025:RJ-JP:25241] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Fourth Bail Application No. 8574/2025 Vijay Singh S/o Shri Veer Singh, Aged About 39 Years, R/o I.D.S.M.T. Colony, Chhoti Basti, Pushkar, District Ajmer. (Presently Confined In Central Jail Ajmer). ----Accused/Applicant Versus State Of Rajasthan, through PP ----Respondent For Petitioner(s) : Ms. Anushree Sharma, Adv. For State : Mr. M.S. Shekhawat, PP HON'BLE MR. JUSTICE SAMEER JAIN Order 09/07/2025 1. This fourth bail application has been filed under Section 483 of B.N.S.S. on behalf of the accused-applicant. The accused- applicant was arrested in connection with FIR No.355/2023 registered at Police Station Pushkar, District Ajmer for the offence under Section 8/29 of NDPS Act and charge-sheet has been filed under Section 8/29 of NDPS Act. 2. Learned counsel for the accused-applicant has submitted that contraband recovered from the applicant is less than prescribed commercial quantity. It is further submitted that the contraband was also recovered from the co-accused- Mohd. Rahees, who has been enlarged on bail vide order dated 08.11.2023 by this Court in S.B. Criminal Misc. Bail Application No.14473/2023. It is further submitted that the accused-applicant [2025:RJ-JP:25241] (2 of 3) [CRLMB-8574/2025] is in custody for a period of six months. Further, it is submitted that learned Trial Court has framed charges against the applicant. Further, it is submitted that the accused-applicant is sole bread earner of the family and is aged approximately 39 years. Additionally, it is submitted that the accused is willing to comply with the conditions, if imposed by the Court. 3. Learned counsel has placed reliance on the judgment titled as Shivsingh Meena Vs. State of Rajasthan in S.B. Criminal Misc. Bail Application No.4435/2025 and Mohammed Rahees @ Boxer Vs. State of Rajasthan in SB Criminal Misc. Bail Application No.14473/2023 and Toofan Singh vs State of Punjab reported in (2021) 4 SCC 1. 4. Per contra, learned Public Prosecutor has stoutly opposed this fourth bail application. 5. Heard and considered. 6. Considering the arguments advanced by learned counsel for the parties and taking note of the fact that the accused-applicant is aged approximately 39 years; that applicant is the sole bread earner of the family; that the charges have been framed in the instant matter; that the quantity of contraband recovered from the accused-applicant is less than the prescribed quantity; therefore looking to the overall facts and circumstances of the case and material on record but without commenting on merits/demerits of the case, this Court is inclined to allow the fourth bail application of the accused-applicant and enlarge him on bail. 7. Accordingly, the fourth bail application under Section 483 of BNSS is allowed and it is ordered that accused-applicant- Vijay [2025:RJ-JP:25241] (3 of 3) [CRLMB-8574/2025] Singh S/o Shri Veer Singh shall be enlarged on on bail provided he furnishes a personal bond of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of learned trail Judge for his appearance before the Court concerned on all the dates of hearing as and when called upon to do so. Furthermore, taking note of the criminal antecedents registered against the accused-applicant, as an extended interpretation of the provisions of 'community service' as enshrined under the Bhartiya Nayay Sanhita, and as a reformative approach to re-include the accused-applicant back in the society with a better vision, aim and zeal in life, this Court deems it fit to impose an ancillary condition upon the applicant, therefore, it is directed that the accused-applicant shall contribute to the Swach Bharat Abhiyan- initiative of the government, for a period of two months from the date of enlarging on bail, on two hours per day basis, as an honorary work, under the supervision and directions of the SHO qua the FIR (supra) in consonance with the directions of the Municipal Corporation/Local Administrative authorities concerned. (SAMEER JAIN),J CHANDAN /27