GHASILAL S/O SHRI LAXMI NARAYAN v. STATE OF RAJASTHAN
CRLMB/10530/2025 · 2025-08-20
Anil Kumar Upman
body2025
DailyLaw.ai
[ 2025 DAILYLAW 27724 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 27724 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:32780] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 10530/2025 Ghasilal S/o Shri Laxmi Narayan, Aged About 58 Years, R/o Motipura, Police Station Harnavda Shahji, District Baran (Raj.). (The Accused Petitioner Presently Confined In District Jail Karauli). ----Accused-Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Rajneesh Gupta, Adv. For Respondent(s) : Mr. N.S. Dhakar, PP with Mr. Tapesh Agarwal, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN
Order 20/08/2025
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.97/2025 registered at Police Station Kudgaon, District Karauli for the offences punishable under Sections 8/21 and 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.
Learned counsel submits that alleged recovered contraband smack (187.71 gms) is below commercial quantity. He further submits that other co-accused persons have already been granted benefit of bail by this Court. He argues that the petitioner was acquitted in another case, which was registered under the NDPS Act in the year 2005. He further argues that trial of the case will take
[2025:RJ-JP:32780] (2 of 3) [CRLMB-10530/2025] considerable time in its conclusion. He contends that the petitioner is in custody since 26.06.2025 and further custody of the petitioner would not serve any fruitful purpose.
3. Learned Public Prosecutor opposes the submissions made by the learned counsel for the petitioner.
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 alleged recovered contraband smack is below commercial quantity; other co-accused persons have already been granted benefit of bail by this Court 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 the bail application.
6. This bail application is accordingly allowed and it is directed that accused-petitioner- Ghasilal S/o Shri Laxmi Narayan shall be released on bail provided he furnishes a 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 in first week of every month in the concerned
[2025:RJ-JP:32780] (3 of 3) [CRLMB-10530/2025] police station, till trial is concluded.
8. Before accepting the bail bonds, the learned trial Court is
directed to verify the statement made by the learned counsel for the petitioner that the petitioner was acquitted in another case which was registered under the NDPS Act in the year 2005. If the statement of the learned counsel for the petitioner is not found to be correct, the bail bonds shall not be accepted.
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 bail application and would not have any impact on the trial of the case in any manner.
(ANIL KUMAR UPMAN),J MADAN/S-309