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2025 DAILYLAW 24906 (RAJ)

ANAND @ GOCHYA S/O JAGDISH v. STATE OF RAJASTHAN

CRLMB/9192/2025 · 2025-08-07

Ashok Kumar Jain

body2025

Judgment text

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[2025:RJ-JP:30733] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 9192/2025 1. Anand @ Gochya S/o Jagdish, Aged About 28 Years, R/o Naiyo Ki Badi, Telfactory, Baran Police Station Kotwali Baran District Baran (Raj.) (Accused Presently Confined At District Jail Baran) 2. Vikas S/o Ghansilal, Aged About 24 Years, R/o Godiyapura, Police Station Kotwali Baran District Baran (Raj.) (Accused Presently Confined At District Jail Baran). ----Petitioners Versus State Of Rajasthan, Through Pp ----Respondent Connected With S.B. Criminal Miscellaneous Bail Application No. 9368/2025 Mahaveer Prasad S/o Shri Laxminarayan, Aged About 44 Years, R/o Gumanpura, Police Station Simliya, District Kota Rural (Raj.) (Accused Presently Confined At District Jail Baran). ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Bhim Singh Meena For Respondent(s) : Mr. Devi Singh, PP HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 07/08/2025 1. These applications for bail filed under Section 483 of BNSS by the applicants-accused Anand @ Gochya S/o Jagdish and Vikas S/o Ghansilal and Mahaveer Prasad S/o Shri Laxminarayan in FIR No. 156/2025 dated 03.07.2025 [2025:RJ-JP:30733] (2 of 4) [CRLMB-9192/2025] registered at P.S. Baran Sadar District -Baran, whereby the applicants-accused have charged under Section 8/20 of NDPS Act. 2. The applicants were arrested and are in judicial custody since their arrest. The Court below has dismissed the bail application. 3. Learned counsel for the applicants relying upon grounds raised in bail application submits that the applicants are innocent and falsely implicated in the present case. He submits that recovered quantity of Ganja is less than commercial. He further submits that the police has not complied the mandatory provisions of law before effecting search and seizure. He also submits no criminal antecedent is reported against Mahaveer but one case against Vikas is already settled in National Lok Adalat. He also submits that one case against Anand is pending. Further, he submits that the investigation relating to present applicants-accused is complete and is no more required by the Investigating Agency for investigation. He further assures that in case, the applicants-accused are required for further investigation, the applicants-accused will be available for such investigation. He also submits that the investigation/trial will take its own time and no purpose will be served by keeping the applicants-accused in custody. 4. Aforesaid contentions were opposed by learned Public Prosecutor. [2025:RJ-JP:30733] (3 of 4) [CRLMB-9192/2025] 5. Heard learned counsel for the applicants-accused and learned Public Prosecutor. Perused the material placed on record. 6. As per police when Anand @ Gochya and Vikas S/o Ghansilal were intercepted on 03.07.2025 then three packets were recovered which contained 5.788 Kgs of Ganja. The police has registered a case under Section 8/20 of NDPS Act against both the accused and during investigation role and involvement of Mahavir Prasad was found and he was arrayed as an accused under Section 8/29 of NDPS Act. There is no previous antecedents reported against Mahaveer. One case against Vikas has already been settled and one case is pending against Anand. The recovered quantity is less than commercial. 7. Upon hearing the arguments and perusing the record, we have found that the applicants-accused are no more required in the investigation and they are 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, the Court deems it appropriate to grant bail to the applicants-accused. 8. Thus, the instant bail application filed on behalf of applicants-accused Anand @ Gochya S/o Jagdish, Vikas S/o Ghansilal and Mahaveer Prasad S/o Shri Laxminarayan is hereby allowed and the applicants- accused are ordered to be released on bail upon furnishing a personal bond of ₹50,000/- with two sureties of like amount [2025:RJ-JP:30733] (4 of 4) [CRLMB-9192/2025] to the satisfaction of the Trial Court with the following conditions:- (i) The applicants-accused shall not tamper with evidence or influence the witness in any manner. (ii) The applicants-accused shall not indulge in any criminal activity and shall not repeat any criminal offence punishable under the Law. (iii) The applicants-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 applicants-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 /251-252