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2025 DAILYLAW 29240 (RAJ)

SUMA RAM CHOUDHARY @ SUMER S/O SOHAN RAM v. STATE OF RAJASTHAN

CRLMB/11202/2025 · 2025-09-03

Anil Kumar Upman

body2025

Judgment text

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[2025:RJ-JP:35394] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 11202/2025 Suma Ram Choudhary @ Sumer S/o Sohan Ram, Aged About 29 Years, Resident Of Brahmano Ka Bas, Village Surpurakalan, Po- lice Station Karwar, District Jodhpur Commissionerate, Ra- jasthan. (At Present Lodged In Central Jail Ajmer). ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Hira Lal For Respondent(s) : Mr. N.S. Dhakar, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 03/09/2025 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.385/2021 registered at Police Station Kekri City, District Ajmer (Raj.) for the offence punishable under Section 8/15 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 no contraband has been recovered from the possession of petitioner. It is submitted that co-accused person namely Bhagirath Machra who was found in possession of contraband has been granted benefit of bail by the co-ordinate bench of this court. Trial of the case will take considerable time in its conclusion. Petitioner is in custody since his date of arrest and [2025:RJ-JP:35394] (2 of 3) [CRLMB-11202/2025] there are no criminal antecedents against him. Further custody of the petitioner would not serve any fruitful purpose. 3. Learned Public Prosecutor opposes the submissions made by 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 both the parties, especially the fact that no contraband has been recovered from the possession of the petitioner and aforementioned co- accused person who was found in possession of contraband, has been granted bail by the co-ordinate bench of this court; trial will take time; absence of criminal antecedents as well as 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 - Suma Ram Choudhary @ Sumer S/o Sohan Ram, 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 [2025:RJ-JP:35394] (3 of 3) [CRLMB-11202/2025] mark his presence in first week of every month in the concerned police station, till trial is concluded. 8. 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. 9. If breach of any 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. 10. Office is directed to send copy of this order to the concerned SHO for necessary compliance. 11. The observation made herein above 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 GAUTAM JAIN /288