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2025 DAILYLAW 25894 (RAJ)

BHARAT ARORA @ RAHUL PANJABI S/O VEDPRAKASH v. STATE OF RAJASTHAN

CRLMB/9291/2024 · 2025-01-06

Anil Kumar Upman

body2025

Judgment text

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[2025:RJ-JP:681] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 9291/2024 Bharat Arora @ Rahul Panjabi S/o Vedprakash, Aged About 41 Years, R/o New Post Office Road Near Bankey Bihari Temple Bhimganjmandi Kota Thana Bhimganjmandi District Kota City (Raj.). (At Present Accused Confined In Jail Kota). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Dushyant Singh Naruka For Respondent(s) : Ms. Arti Sharma, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 06/01/2025 1. The instant bail application has been filed under Section 483 of BNSS, on behalf of the petitioner, who has been arrested in connection with FIR No.40/2024 registered at Police Station Bhimganj Mandi, District Kota City for the offences punishable under Sections 8/21 of NDPS Act. Charge-sheet has been filed for offences punishable under Sections 8/29 of NDPS Act. 2. It is contended by learned counsel for the petitioner that the accused-petitioner has falsely been implicated in this case. Counsel submits that admittedly, no contraband was recovered from the possession of the petitioner. He submits that co-accused Manoj Kumar Meena, who was found in possession of 30 gram smack, has been granted bail by learned trial court. It is submitted that petitioner has been made accused solely on the [2025:RJ-JP:681] (2 of 3) [CRLMB-9291/2024] basis of interrogation of co-accused Manoj Kumar Meena and said interrogation of co-accused is not admissible under the provisions of Section 25 of the Indian Evidence Act. It is further submitted that petitioner is in custody since 18.05.2024. Charge-sheet has been filed, trial will take time in its conclusion and further custody of the petitioner would not serve any fruitful purpose. 3. Learned Public Prosecutor opposes the submissions made by the counsel for the petitioner. She submits that 16 other cases have been registered against the petitioner and out of these 16 cases, seven were registered under the NDPS Act. At this stage, learned counsel for the petitioner submits that in three cases of NDPS Act, petitioner has been acquitted which shows that he has falsely been implicated in said cases. 4. I have considered the contentions. 5. Having regard to the totality of the facts and circumstances of the case; considering the arguments advanced by learned counsel for the petitioner, especially the fact that no contraband has been recovered from the possession of the petitioner; he has been made accused on the basis of interrogation of co-accused who was found in possession of contraband; co-accused has been granted bail by learned trial court; charge-sheet has been filed as also looking to the custody period, but without commenting anything on the merits/demerits of the case, I deem it proper to allow the bail application. 6. This bail application is accordingly allowed and it is directed that accused-petitioner Bharat Arora @ Rahul Panjabi S/o Vedprakash, shall be released on bail provided he furnishes a [2025:RJ-JP:681] (3 of 3) [CRLMB-9291/2024] personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand 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. 7. 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 on 1st & 15th day of every month in the concerned police station. 8. 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. (ANIL KUMAR UPMAN),J CHARU SONI /124