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2025 DAILYLAW 27934 (RAJ)

SANDEEP S/O SHRI MUNSHI RAM v. STATE OF RAJASTHAN

CRLMB/10533/2025 · 2025-09-04

Ashok Kumar Jain

body2025

Judgment text

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[2025:RJ-JP:35680] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 10533/2025 Sandeep S/o Shri Munshi Ram, Aged About 32 Years, R/o Khori Kalan Police Station Tavdu District Nuh Mewar, Haryana. (At Present Confined In Sub Jail Kishangarh Bas) ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Sanjay Khan For Respondent(s) : Mr. Shriram Dhakad, PP HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 04/09/2025 1. Instant application for bail is filed under Section 483 of BNSS by the petitioner-accused Sandeep S/o Shri Munshi Ram in FIR No.414/2025 dated 31.07.2025 registered at P.S. Bhiwadi District - Bhiwadi, whereby the petitioner-accused has charged under Sections 8/20 of NDPS Act. 2. The petitioner was arrested and is in judicial custody since his arrest. The Court below has dismissed the bail application. 3. Learned counsel for the petitioner relying upon grounds raised in bail application submits that the petitioner is innocent and falsely implicated in the present case. Learned counsel for the petitioner submits that the police has not observed mandatory provisions of law under the NDPS Act before effecting search and seizure. He submits that the [2025:RJ-JP:35680] (2 of 3) [CRLMB-10533/2025] total recovered quantity of contraband is 4 kg and 76 grams ganja which is less than commercial. He submits that the petitioner accused is in custody since his arrest on 30.07.2025. He also submitted that the trial will take its own time and no purpose will be served by keeping the petitioner-accused in custody. 4. Aforesaid contentions were opposed by learned Public Prosecutor. 5. Heard learned counsel for the petitioner-accused and learned Public Prosecutor. Perused the material placed on record by both the parties. 6. On basis of interception during nakabandi on 30.07.2025 by SHO PS Bhiwadi were two accused Vipin and Sandeep going on motorcycle and on interception 4 kg and 76 grams ganja were recovered. A case under Section 8/20 of NDPS Act is registered. There is one more case against the petitioner accused of year 2017 but not related to NDPS Act. The recovered quantity is less than commercial. 7. Upon hearing the arguments and perusing the record, we have found that the petitioner-accused is no more required in the investigation and he is 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 petitioner-accused. 8. Thus, the instant bail application filed on behalf of petitioner- accused is hereby allowed and the petitioner-accused [2025:RJ-JP:35680] (3 of 3) [CRLMB-10533/2025] Sandeep S/o Shri Munshi Ram is ordered to be released on bail upon furnishing a personal bond of ₹50,000/- with two sureties of like amount to the satisfaction of the Trial Court with the following conditions:- (i) The petitioner-accused shall not tamper with evidence or influence the witness in any manner. (ii) The petitioner-accused shall not indulge in any criminal activity and shall not repeat any criminal offence punishable under the Law. (iii) The petitioner-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 petitioner-accused shall be liable to be cancelled. 9. The Registry is directed to send a copy of this order to the Trial Court through E-mail. (ASHOK KUMAR JAIN),J MR/150