AKASH KARSAAN S/O LATE SHRI DEEPAK CHAND v. STATE OF RAJASTHAN
CRLMB/9481/2025 · 2025-08-20
Anil Kumar Upman
body2025
DailyLaw.ai
[ 2025 DAILYLAW 25685 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 25685 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:32771] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous 2nd Bail Application No. 9481/2025 Akash Karsaan S/o Late Shri Deepak Chand, Aged About 27 Years, R/o Near Vikram School, Salasar Road, Ward No. 15, Sikar, Police Station Kotwali, District Sikar, At Present Resident Of 77-A, Aditya Nagar, Lalchandpura, Jhotwara, Police Station Kardhani, District Jaipur West. (At Present In Central Jail, Ajmer). ----Accused/Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Shyam Bihari Gautam, Adv. For Respondent(s) : Mr. N.S. Dhakar, PP with Mr. Tapesh Agarwal, PP and Mr. Bhikha Ram Kala, SHO (IO), Kishangarh, District Ajmer.
HON'BLE MR. JUSTICE ANIL KUMAR UPMAN
Order 20/08/2025
1. The instant second bail application has been filed under Section 483 of BNSS on behalf of the petitioner, who has been arrested in connection with FIR No.32/2024 registered at Police Station Gandhi Nagar, District Ajmer for the offence punishable under Section 8/25 of NDPS Act. After completion of investigation, police filed charge-sheet in this matter for the offences punishable under Sections 8/15 and 8/25 of NDPS Act.
2.
Learned counsel for the petitioner submits that first bail application of the petitioner was dismissed with liberty to renew the prayer of bail after filing of result of investigation. Now, police filed charge-sheet in this matter. Thus, this second bail application has been preferred by the petitioner.
3. It is contended by learned counsel for the petitioner that the accused-petitioner has falsely been implicated in this case.
[2025:RJ-JP:32771] (2 of 3) [CRLMB-9481/2025]
Learned counsel submits that petitioner has been arrested in this case solely on the basis of fact that vehicle, wherein alleged recovery of poppy husk (60.573 kgs) has been shown, is registered on the name of the petitioner. He further submits that alleged recovered contraband poppy husk (60.573 kgs) is marginally above the commercial quantity. He further submits that charge-sheet has already been filed, there are no criminal antecedents against the petitioner and trial of the case will take considerable time in its conclusion. He argues that the petitioner is in custody since 26.01.2025 and further custody of the petitioner would not serve any fruitful purpose.
4. Learned Public Prosecutor opposes the submissions made by the learned counsel for the petitioner.
5. I have considered the contentions.
6. Having regard to the totality of the facts and circumstances of the case; considering the arguments advanced by learned counsel for the parties, especially the fact that alleged recovered contraband poppy husk is marginally above the commercial quantity; charge-sheet has been filed; 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 second bail application.
7. This second bail application is accordingly allowed and it is
directed that accused-petitioner- Akash Karsaan S/o Late Shri Deepak Chand shall be released on bail provided he furnishes a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand
[2025:RJ-JP:32771] (3 of 3) [CRLMB-9481/2025] 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 he 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.
8. It is made clear that the accused-petitioner shall not involve in any other offence(s) during currency of the bail and he shall mark his presence in first week of every month in the concerned police station, till trial is concluded.
9. Concerned SHO is directed to maintain a register recording the attendance of the petitioner, as directed above. In case the petitioner fails to mark his 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.
10. 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 him by this Court.
11. Office is directed to send a copy of this order to the concerned SHO for necessary compliance.
12. The observation made hereinabove is only for decision of the instant second bail application and would not have any impact on the trial of the case in any manner.
(ANIL KUMAR UPMAN),J MADAN/S-304