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2025 DAILYLAW 30736 (RAJ)

KANWARLAL ALIAS CHIGAN LAL S/O SHRI GULABCHAND v. STATE OF RAJASTHAN

CRLMB/12022/2025 · 2025-09-20

Praveer Bhatnagar

body2025

Judgment text

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[2025:RJ-JP:38773] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 12022/2025 Kanwarlal Alias Chigan Lal S/o Shri Gulabchand, Aged About 36 Years, R/o Village Kohra, Guradi, Police Station Chhipa Barod, District Baran. (At Present Accused Confined In Central Jail, Jaipur). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Nirmal Kumar Sharma, Adv. For Respondent(s) : Mr. Shree Ram Dhakar, PP HON'BLE MR. JUSTICE PRAVEER BHATNAGAR Order 20/09/2025 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.840/2024, registered at Police Station Shivdaspura, District Jaipur City (South), 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, solely on the information furnished by the other co- accused namely; Neeraj Meena, Karan Pareek and Pawan Kumar Meena, who have already been enlarged on bail by this Court vide order dated 03.01.2025. It is contended that the recovery of alleged contraband article i.e., 203 gram 04 miligram of smack, which is below commercial quantity, was effected from the possession of the other co-accused namely; Neeraj Meena, Karan [2025:RJ-JP:38773] (2 of 3) [CRLMB-12022/2025] Pareek and Pawan Kumar Meena. 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 one case of similar nature is 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 and the fact that the recovery of alleged contraband article i.e., 203 gram 04 miligram of smack, which is below commercial quantity, was effected from the possession of the other co-accused namely; Neeraj Meena, Karan Pareek, who have already been enlarged on bail by this Court, therefore, 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- Kanwarlal Alias Chigan Lal S/o Shri Gulabchand, in connection with FIR No.840/2024, registered at Police Station Shivdaspura, District Jaipur City (South), 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 [2025:RJ-JP:38773] (3 of 3) [CRLMB-12022/2025] 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 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. (PRAVEER BHATNAGAR),J Ashwani Kr Srivastava /-16