MAHESH @ NAKAD S/O CHINGA SAINI v. STATE OF RAJASTHAN
CRLMB/9121/2025 · 2025-08-12
Praveer Bhatnagar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 24497 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 24497 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:31209] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 9121/2025 Mahesh @ Nakad S/o Chinga Saini, Aged About 42 Years, R/o Malipada, Keshavpura, P.S. Hindaun City District Karauli (Raj.) (Confined At Sub Jail Hindaun City). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Anil Kumar Shukla For Respondent(s) : Mr. Manvendra Singh, PP HON'BLE MR. JUSTICE PRAVEER BHATNAGAR
Order 12/08/2025
1. The instant bail application has been filed under Section 483 BNSS on behalf of accused-petitioner. The petitioner has been arrested in connection with FIR No.248/2024 registered at Police Station Nayi Mandi Hindaun, District Karauli for the offence(s) under Section 8/21 of NDPS Act.
2.
Learned counsel for the accused-petitioner submits that the accused-petitioner has falsely been implicated in this case. He further submits that the petitioner is in custody since 20.05.2024. The alleged quantity of smack recovered from the petitioner's possession is 5 grams and 22 mgs, which is below commercial quantity. The allegation shown against the petitioner in the impugned order on 03.07.2025 pertains to Section 8/29 of NDPS Act. The Co-ordinate Bench vide its order dated 08.07.2025 has also allowed the petitioner's bail in S.B. criminal misc. bail
[2025:RJ-JP:31209] (2 of 2) [CRLMB-9121/2025] application No.14821/2024, registered at Police Station Hindaun in FIR No.293/2024, therefore, the bail application of the accused- petitioner may be allowed.
3. Learned Public Prosecutor has vehemently opposed the grant of bail application and contended that the accused-petitioner is a habitual offender and against him, 9 criminal cases under various provisions of NDPS Act are pending, therefore, the bail application of the accused-petitioner may be dismissed.
4. Heard and perused the material available on record.
5. The record of the petitioner shows that petitioner is continuously involved in commission of offence under various provision of NDPS Act from year 2017 to upto year 2024. Even after registration of this FIR against the petitioner, another FIR No.293/2024 was registered, whereby 14 grams 93 mgs smack was recovered from the petitioner's possession, the criminal record of the petitioner disentitle him for grant of bail, therefore, I am not inclined to enlarge the accused-petitioner on bail.
6. Hence, the criminal misc. bail application of the accused- petitioner is hereby dismissed.
(PRAVEER BHATNAGAR),J Keshav/5