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2025 DAILYLAW 2952 (RAJ)

RAJKUMAR YOGI S/O MANNALAL v. STATE OF RAJASTHAN

CRLMB/375/2025 · 2025-02-14

Anil Kumar Upman

body2025

Judgment text

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[2025:RJ-JP:6727] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 375/2025 Rajkumar Yogi S/o Mannalal, Aged About 33 Years, R/o Lanka Colony, Baran, Police Station Kotwali, Baran, District Baran (Raj.). (At Present Confined In District Jail Baran) ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Jagdish Nagar For Respondent(s) : Mr. N.S. Dhakar, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 14/02/2025 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.250/2024 registered at Police Station Anta, District Baran (Rajasthan) for the offence punishable under Section 8/20 of NDPS Act. 2. Learned counsel for the petitioner submit that petitioner has falsely been implicated in this case. Counsel submits that no contraband has been recovered from the possession of the petitioner. It is submitted that petitioner has been made accused in this case solely on the basis of police interrogation of the co- accused. Counsel relies upon the judgment rendered by Hon’ble Supreme Court in the case of Tofan Singh Vs. State of Tamil Nadu reported in AIR 2020 SC 5592. Petitioner is in custody [2025:RJ-JP:6727] (2 of 3) [CRLMB-375/2025] since 24.11.2024 and trial will take considerable time. Further custody of the petitioner would not serve any fruitful purpose. 3. Learned Public Prosecutor opposes the submissions made by counsel for the petitioner. He submits that two other cases have been registered against 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, as also the fact that no contraband has been recovered from the possession of the petitioner; keeping in view the law laid down by the Hon'ble Supreme Court in the case of Tofan Singh Vs. State of Tamil Nadu reported in AIR 2020 SC 5592; period of custody, but without commenting anything on the merits/demerits of the case, I deem it fit and proper to allow this bail application. 6. The bail application is accordingly allowed and it is directed that accused-petitioner Rajkumar Yogi S/o Mannalal 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:6727] (3 of 3) [CRLMB-375/2025] mark his presence in first week of every month in the concerned police station. 8. If breach of any of these conditions is reported or come to the notice of the Court, same shall alone be a reason for the trial court to cancel the bail granted to him by this Court. 9. Concerned SHO is directed to maintain a register recording the attendance of the petitioner. In case the petitioner fails to mark his presence in the concerned police station, the concerned SHO is directed to immediately report the matter to the concerned Court in this regard. (ANIL KUMAR UPMAN),J LALIT MOHAN /420