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2025 DAILYLAW 29218 (RAJ)

CHETAN TIWARI S/O KRISHNA SHARMA v. STATE OF RAJASTHAN

CRLMB/11219/2025 · 2025-09-17

Praveer Bhatnagar

body2025

Judgment text

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[2025:RJ-JP:37949] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No.11219/2025 Chetan Tiwari S/o Krishna Sharma, Aged About 24 Years, R/o Fulwada, P.S. Sadar Hindaun City Presently R/o Keshavpura Pandapada Hindaun City P.S. Kotawali Hindaun City District Karauli, Rajasthan. (Confined At Sub Jail Hindaun City). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Anil Kumar Shukla, Adv. Mr. Rajendra Kumar Gautam, Adv. For Respondent(s) : Mr. Shree Ram Dhakar, PP HON'BLE MR. JUSTICE PRAVEER BHATNAGAR Order 17/09/2025 1. The instant bail application has been filed under Section 483 of B.N.S.S. on behalf of accused-petitioner. The accused-petitioner has been arrested in connection with FIR No.248/2024, registered at Police Station New Mandi Hindaun, District Karauli, for the offence(s) under Sections 8/21 of the N.D.P.S. Act. 2. Learned counsel for the petitioner submits that the accused- petitioner has falsely been implicated under Sections 8/29 of the N.D.P.S. Act. It is contended that the recovery of contraband article i.e., 5 gram of smack, which is below commercial quantity, was effected from the possession of the other co-accused Shyamsundar, there is no substantive evidence available on record to show that the petitioner was involved in supplying the said [2025:RJ-JP:37949] (2 of 3) [CRLMB-11219/2025] contraband article to the co-accused Shyamsundar, who has already been enlarged on bail. It is further contended that the accused-petitioner is in custody since long and the trial of the case may take considerable time, therefore, the bail application of the accused-petitioner may be allowed. 3. Learned Public Prosecutor has vehemently opposed the grant of bail application and contended that the accused-petitioner is a habitual offender and against him 3 cases of similar nature were registered, therefore, the bail application of the accused-petitioner may be dismissed. 4. Heard and perused the material available on the record. 5. Considering the arguments advanced by learned counsel for the petitioner and taking into consideration the period of incarceration of the petitioner, without expressing anything on the merits of the case, this Court deems it just and proper to enlarge the accused-petitioner on bail. 6. Accordingly, the bail application under Section 483 of B.N.S.S. is allowed and it is ordered that the accused petitioner- Chetan Tiwari S/o Krishna Sharma, in connection with FIR No.248/2024, registered at Police Station New Mandi Hindaun, District Karauli, shall be enlarged on bail provided he furnishes a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge for his appearance before the Court concerned on all the dates of hearing and as and when called upon to do so. 7. The accused-petitioner is also directed to mark his presence on 25th of every month before the concerned Police Station till conclusion of the trial. The SHO of the concerned Police Station is [2025:RJ-JP:37949] (3 of 3) [CRLMB-11219/2025] directed to maintain a regular register marking the presence of the accused petitioner and shall send the presence report of the accused petitioner on the same day to the concerned trial Court every month without any delay. In case of any breach to the above condition, the learned Public Prosecutor shall be free to move the application against the petitioner for cancellation of the bail before the concerned Court. 8. The accused-petitioner is also directed that to submit his present address along with the mobile number to the concerned S.H.O. and the concerned S.H.O. shall verify the said address and the mobile number. (PRAVEER BHATNAGAR),J Ashwani Kr Srivastava /-24