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2025 DAILYLAW 30125 (RAJ)

SANJAY SAINI S/O SHRI DHARMI v. STATE OF RAJASTHAN

CRLMB/11663/2025 · 2025-09-16

Ashok Kumar Jain

body2025

Judgment text

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[2025:RJ-JP:37880] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 11663/2025 Sanjay Saini S/o Shri Dharmi, Aged About 22 Years, R/o Dhandupura, Police Station Kotwali Karauli, District Karauli (Raj.). (At Present He Is Confined In Sub Jail, Hindaun). ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Asal Ul Haq Nooree For Respondent(s) : Mr. Manvendra Singh Choudhary, PP HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 16/09/2025 1. The present bail application under Section 483 of BNSS is filed by the applicant-accused Sanjay Saini S/o Shri Dharmi seeking bail in respect of a criminal case registered as FIR No.128/2025 dated 29.08.2025 registered at P.S. Shri Mahaveer Ji District - Karauli , for the offence under Sections 8/21 of NDPS Act. 2. Learned counsel for the applicant submits that the applicant has been falsely implicated in the matter and the investigation against him is complete and he is no more required in investigation. He further submits that there are no chance of fleeing of applicant accused from the jurisdiction of this Hon’ble Court. The applicant does not have any criminal antecedents. He also submits that the [2025:RJ-JP:37880] (2 of 3) [CRLMB-11663/2025] applicant undertakes not to repeat offence and cooperate with investigation/trial, which will take time. 3. Learned counsel for petitioner submitted that after effecting search and seizure, police has not observed mandatory provision under the NDPS Act. He further submitted that total recovered quantity of contraband is 8gm94mg smack and same is little higher than small quantity but quite less than commercial quantity. He further submitted that there is no criminal antecedent against the petitioner. 4. Learned Public Prosecutor has vehemently opposed the bail application and submitted that the allegations are grave and serious in nature. He has also filed a report received from concerned Police Station. 5. Heard learned counsel for the petitioner-accused and learned Public Prosecutor. Perused the material placed on record by both the parties. 6. On the basis of search of petitioner accused during Nakabandi in the night of 29.08.2025, 8gm 94mg smack is recovered from possession of present petitioner and a case under Section 8/21 of NDPS Act is registered and petitioner is arrested, who is in custody. There is no criminal antecedent against the petitioner. The recovered smack is little higher than small quantity but quite less than commercial quantity. 7. Upon hearing the arguments and perusing the record, we have found that the applicant-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, [2025:RJ-JP:37880] (3 of 3) [CRLMB-11663/2025] 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 applicant- accused. 8. Thus, the instant bail application filed on behalf of applicant- accused Sanjay Saini S/o Shri Dharmi, is hereby allowed and the applicant-accused 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 applicant-accused shall not tamper with evidence or influence the witness in any manner. (ii) The applicant-accused shall not indulge in any criminal activity and shall not repeat any criminal offence punishable under the Law. (iii) The applicant-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 applicant-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 /211