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2025 DAILYLAW 28797 (RAJ)

VIDHWAN SINGH S/O GUMAN SINGH v. STATE OF RAJASTHAN

/10948/2025 · 2025-09-08

Ashok Kumar Jain

body2025

Judgment text

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[2025:RJ-JP:36401] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 10948/2025 Vidhwan Singh S/o Guman Singh, Aged About 25 Years, R/o Karawan Police Station Pagariya District Jhalawar (Raj) (At Present Confined In Sub-District Jail, Bhawani Mandi District Jhalawar (Raj) ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent Connected With S.B. Criminal Miscellaneous Bail Application No. 11345/2025 Vikram Singh S/o Bapu Singh, Aged About 38 Years, R/o Mangliya Kheri, Police Station Pagaria, District Jhalawar (Raj) (Presently Confined In Sub Jail At Bhawani Mandi). ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Rohit Khandelwal Mr. Rajveer Singh Jhala For Respondent(s) : Mr. Vijay Singh Yadav, PP HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 08/09/2025 1. The present bail applications under Section 483 of BNSS is filed by the applicants-accused Vidhwan Singh S/o Guman Singh and Vikram Singh S/o Bapu Singh seeking bail in respect of a criminal case registered as FIR No.350/2025 dated 13.08.2025 registered at P.S. Bhawani [2025:RJ-JP:36401] (2 of 4) [CRLMB-10948/2025] Mandi, District - Jhalawar, for the offence under Sections 8, 20 and 29 of NDPS Act. 2. Learned counsels for the applicants submits that the applicants have been falsely implicated in the matter and the investigation against them is complete and they are no more required in investigation. He further submits that there are no chance of fleeing of applicants accused from the jurisdiction of this Hon’ble Court. The applicant does not have any criminal antecedents. He also submits that the applicants undertakes not to repeat offence and cooperate with investigation/trial, which will take time. 3. Learned counsel for petitioners submitted that without ascertaining compliance of mandatory provision under NDPS Act, police seized contraband articles from possession of Vidhwan and Prakash. They further submitted that as per FIR, 4.26Kg Ganja was recovered from vehicle driven by Prakash and Vidhwan was sitting as rear passenger. He further submitted that there is no recovery from possession of Vikram and he was arrayed as an accused only on information of co-accused. He further submitted that the recovery quantity of ganja is less than commercial quantity and there is no criminal antecedent against both the accused petitioners. 4. Learned Public Prosecutor has vehemently opposed the bail application and submitted that the allegations are grave and serious in nature. [2025:RJ-JP:36401] (3 of 4) [CRLMB-10948/2025] 5. Heard learned counsel for the petitioners-accused and learned Public Prosecutor. Perused the material placed on record by both the parties. 6. On the basis of information of an informant SHO, P.S. Bhawani Mandi, Ramesh Chand has intercepted a two wheeler driven by Prakash and Vidhwan as a rear passenger and on search of scooter, 4.26 Kg ganja was recovered from possession of Prakash and Vidhwan by the police and case is registered under Section 8/20 of NDPS Act. During investigation, police has came to know that Ganja was procured from Vikram Sigh and case under Section 8/29 is registered against him. There is no criminal antecedents against the petitioner Vidhawan Singh but four criminal cases were registered against Vikram Singh out of which FIR No.18/2024 is registered under Section 8/20 of NDPS Act and according to learned counsel for petitioner, Vikram was released on bail by a Co-ordinate Bench of this Court on 02.05.2024 when petitioner was charged with illegal cultivation of cannabis plant and contravention of provision under Section 18(c) of NDPS Act. The order dated 02.05.2025 is placed on record. 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 [2025:RJ-JP:36401] (4 of 4) [CRLMB-10948/2025] case, the Court deems it appropriate to grant bail to the applicants-accused. 8. Thus, the instant bail applications filed on behalf of applicants-accused Vidhwan Singh S/o Guman Singh and Vikram Singh S/o Bapu Singh, is hereby allowed and the applicants-accused are ordered to be released on bail with condition that each of the petitioners would furnish 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 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 PREETI VALECHA /214-215