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2025 DAILYLAW 24119 (RAJ)

KAMAL S/O RAJULAL v. STATE OF RAJASTHAN

CRLMB/8897/2025 · 2025-08-08

Anil Kumar Upman

body2025

Judgment text

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[2025:RJ-JP:30806] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 8897/2025 1. Kamal S/o Rajulal, Aged About 21 Years, R/o Uliyana, Police Station Kundera, District Sawai Madhopur (Raj.) 2. Vikas S/o Shri Harikesh, Aged About 20 Years, R/o Gudasi, Police Station Kotwali Sawai Madhopur, District Sawai Madhopur (Raj.) (At Present Confined In District Jail, Karauli). ----Accused-Petitioners Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Girish Khandelwal, Adv. For Respondent(s) : Mr. Tapesh Agarwal, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 08/08/2025 1. The instant bail application has been filed under Section 483 of BNSS on behalf of the petitioners, who have been arrested in connection with FIR No.97/2025 registered at Police Station Kudgaon, District Karauli for the offences punishable under Sections 8/21 and 8/29 of NDPS Act. 2. It is contended by learned counsel for the petitioners that the accused-petitioners have falsely been implicated in this case. Learned counsel submits that alleged recovered contraband smack (105.38 gms) is below commercial quantity. He further submits that there are no criminal antecedents against the petitioners and trial of the case will take considerable time in its conclusion. He argues that the petitioners are in custody since 26.06.2025 and [2025:RJ-JP:30806] (2 of 3) [CRLMB-8897/2025] further custody of the petitioners would not serve any fruitful purpose. 3. Learned Public Prosecutor opposes the submissions made by the learned counsel for the petitioners. 4. I have considered the contentions. 5. Having regard to the totality of the facts and circumstances of the case; considering the arguments advanced by learned counsel for the petitioners, especially the fact that alleged recovered contraband smack is below commercial quantity; absence of criminal antecedents and trial will take time in its conclusion as well as looking to the period of custody, but without commenting anything on the merits/demerits of the case, I deem it proper to allow this bail application. 6. This bail application is accordingly allowed and it is directed that accused-petitioners- 1. Kamal S/o Rajulal, and 2. Vikas S/o Shri Harikesh shall be released on bail provided, each of them furnishes a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) together with two sureties in the sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) each to the satisfaction of the learned trial Court with the stipulation that they shall appear before that Court and any Court to which the matter is transferred, on all subsequent dates of hearing and as and when called upon to do so. 7. It is made clear that the accused-petitioners shall not involve in any other offence(s) during currency of the bail and they shall mark their presence in first week of every month in the concerned police station, till trial is concluded. [2025:RJ-JP:30806] (3 of 3) [CRLMB-8897/2025] 8. Concerned SHO is directed to maintain a register recording the attendance of the petitioners, as directed above. In case the petitioners fail to mark their presence in the concerned police station, as directed above, the concerned SHO is directed to immediately report the matter to the concerned Court in this regard. 9. If any breach of these conditions is reported or come to the notice of the Court, the same shall alone be a reason for the trial Court to cancel the bail granted to them by this Court. 10. Office is directed to send a copy of this order to the concerned SHO for necessary compliance. 11. The observation made hereinabove is only for decision of the instant bail application and would not have any impact on the trial of the case in any manner. (ANIL KUMAR UPMAN),J MADAN/S-390