Research › Search › Judgment

High Court of Rajasthan · body

2025 DAILYLAW 24352 (RAJ)

CHETAN KUMAR S/O RAJENDRA v. STATE OF RAJASTHAN

CRLMB/8985/2025 · 2025-08-14

Ashok Kumar Jain

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2025:RJ-JP:31882] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 8985/2025 Chetan Kumar S/o Rajendra, Aged About 29 Years, R/o Near Charbhuja Mandir, Kharwa, P.s. Beawar Sadar, District Beawar (Raj.) (At Present Confined In District Jail Beawar). ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Deshraj kalwania For Respondent(s) : Mr. Devi Singh, PP HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 14/08/2025 1. This instant application for bail filed under Section 483 of BNSS by the applicant-accused Chetan Kumar S/o Rajendra in FIR No. 243/2025 dated 30.06.2025 registered at P.S. Beawar Sadar District -Beawar, whereby the applicant-accused has charged under Sections 8/15 of NDPS Act. 2. The applicant was arrested on 30.06.2025 and is in judicial custody since then. The Court below has dismissed the bail application. 3. Learned counsel for the applicant relying upon grounds raised in bail application submits that the applicant is innocent and falsely implicated in the present case. He also submits that the recovered quantity is less than commercial and there is no criminal antecedents against the applicant- [2025:RJ-JP:31882] (2 of 3) [CRLMB-8985/2025] accused. He further submits that police has not complied the mandatory provisions of NDPS act before effecting search and seizure. Further, he submits that the investigation relating to present applicant-accused is complete and is no more required by the Investigating Agency for investigation. He further assures that in case, the applicant-accused is required for further investigation, the applicant-accused will be available for such investigation. He also submits that the investigation will take its own time and no purpose will be served by keeping the applicant-accused in custody. 4. Aforesaid contentions were opposed by learned Public Prosecutor. 5. Heard learned counsel for the applicant-accused along with learned Public Prosecutor. Perused the material placed on record. 6. On basis of interception on 30.06.2025 by Police Inspector Gajraj, he has recovered 8.870 Kgs of Poppy husk from the possession of applicant and a case under section 8/15 of NDPS Act is registered. There is no criminal antecedents against the present applicant and recovered quantity is less than commercial quantity. 7. Upon hearing the arguments and perusing the record, we have found that the applicant-accused is no more required in the investigation and he is in custody for quite some time. The further proceedings will take its own time, therefore, looking to entirety of facts and circumstances of the case and without expressing any opinion on merits of the case, [2025:RJ-JP:31882] (3 of 3) [CRLMB-8985/2025] the Court deems it appropriate to grant bail to the applicant- accused. 8. Thus, the instant bail application filed on behalf of applicant- accused Chetan Kumar S/o Rajendra, is hereby allowed and the applicant-accused is ordered to be released on bail upon furnishing a personal bond of ₹50,000/- with two sureties of like amount to the satisfaction of the Trial Court with the following conditions:- (i) The applicant-accused shall not tamper with evidence or influence the witness in any manner. (ii) The applicant-accused shall not indulge in any criminal activity and shall not repeat any criminal offence punishable under the Law. (iii) The applicant-accused shall attend the hearing of the Trial Court on the date fixed by the Trial court or as and when asked to appear before the Trial Court. (iv) In case of any violation of above conditions, the bail granted to the applicant-accused shall be liable to be canceled. 9. The Registry is directed to send a copy of this order to the Trial Court through E-mail. (ASHOK KUMAR JAIN),J MONU /188