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2025 DAILYLAW 24457 (RAJ)

SHYAMDAS S/O GANGARAM DAS v. STATE OF RAJASTHAN

/9078/2025 · 2025-07-18

Ashutosh Kumar

body2025

Judgment text

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[2025:RJ-JP:26955] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 9078/2025 Shyamdas S/o Gangaram Das, Aged About 40 Years, R/o Thakur Mohalla Aanyakhedi Police Station Pidawa District Jhalawar (Raj) (At Present Confined In Sub-District Jail, Bhawani Mandi District Jhalawar (Raj) ----Accused/Applicant Versus State Of Rajasthan, Through PP ----Respondent For Applicant : Mr. Rohit Khandelwal, Adv. For Respondent : Ms. Arti Sharma, Dy.G.A. Mr. Vivek Sharma, Addl.G.A. HON'BLE MR. JUSTICE ASHUTOSH KUMAR Order 18/07/2025 1. This bail application has been filed by the accused-applicant under Section 483 of the B.N.S.S., 2023 against the order dated 03.07.2025 passed by learned Special Judge, Narcotic Drugs and Psychotropic Substances Cases and Additional Sessions Judge, Bhawanimandi, District Jhalawar in Bail Application No.158/2025 arising out of FIR No.41/2025, registered at Police Station Pagariya, District Jhalawar for the offences punishable under Sections 8/20 and 8/29 of Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the 'Act of 1985') by which the bail application of the accused-applicant under Section 483 of the B.N.S.S., 2023 has been dismissed. [2025:RJ-JP:26955] (2 of 3) [CRLMB-9078/2025] 2. Learned counsel for the accused-applicant submits that the accused-applicant has falsely been implicated in this case. Learned counsel also submits that as per the impugned FIR, on 26.03.2025, 1.135 kilograms of 'Ganja' was allegedly recovered from the possession of co-accused-Vikram Singh, however, no contraband has been recovered from the possession of the present accused-applicant. 3. Learned counsel for the accused-applicant submits that the alleged contraband has been recovered from the possession of the co-accused Vikram Singh, who has already been enlarged on bail by this Court vide order dated 13.05.2025 (S.B. Criminal Miscellaneous Bail Application No.4942/2025) and except the statement of the co-accused-Vikram Singh, there is no evidence against the present accused-applicant. 4. Learned counsel for the accused-applicant contends that since 25.06.2025, the accused-applicant is behind the bars and investigation and trial will take long time to conclude, therefore, the accused-applicant be granted benefit of bail. 5. Learned counsel appearing on behalf of the State vehemently oppose this bail application. 6. Heard learned counsel for the parties and also perused the material available on record. 7. Considering the overall facts and circumstances of the case, looking to the period of custody of the accused-applicant; the fact that the accused-applicant has been made accused only on the basis of statement of the co-accused, who has already been enlarged on bail by this Court; investigation and trial will take long [2025:RJ-JP:26955] (3 of 3) [CRLMB-9078/2025] time to conclude, but without expressing any opinion on the merits/demerits of the case, this Court deems it proper to allow this bail application filed by the applicant. 8. Consequently, this bail application filed under Section 483 of the B.N.S.S., 2023 is allowed. It is ordered that accused-applicant Shyamdas S/o Gangaram Das, arrested in connection with FIR No.41/2025, registered at Police Station Pagariya, District Jhalawar, shall be released on bail; provided he furnishes personal bond in the sum of Rs.50,000/- and two solvent attested sureties of Rs.25,000/- to the satisfaction of the trial Court. 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 AARZOO ARORA /295