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2025 DAILYLAW 31210 (RAJ)

GOPAL W/O GHEVARRAM v. STATE OF RAJASTHAN

CRLMB/12459/2025 · 2025-09-26

Ashok Kumar Jain

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2025:RJ-JP:39714] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 12458/2025 Rajesh Alias Khanna S/o Hemraj, Aged About 35 Years, R/o Village Ukhlala, Police Station Aligarh, District Tonk, Raj. (Presently Confined In District Jail At Tonk) ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent Connected With S.B. Criminal Miscellaneous 2nd Bail Application No. 12459/2025 Gopal S/o Ghevarram, Aged About 26 Years, R/o Rayko Ka Baas Bhachharna Tehsil Luni District Jodhpur. (At Present Confined At District Jail Tonk). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Rajendra Singh Tanwar Mr. Shubham Saini Mr. Abdul Rahim Khan For Respondent(s) : Ms. Arti Sharma, PP HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 26/09/2025 S.B. Criminal Miscellaneous Bail Application No. 12458/2025:- 1. Instant application for bail is filed under Section 483 of BNSS by the applicant-accused Rajesh Alias Khanna S/o Hemraj in FIR No. 74/2025 dated 22.06.2025 registered at P.S. SOP, District- [2025:RJ-JP:39714] (2 of 4) [CRLMB-12458/2025] Tonk, whereby the applicant-accused was charged under Sections 8 and 20 of NDPS Act. 2. During course of arguments, learned counsel for applicant offers to withdraw instant bail application with liberty to file after recording statement of Search and Seizure Officer. 3. Hence, S.B. Criminal Miscellaneous Bail Application No. 12458/2025 is dismissed as withdrawn with liberty as aforesaid. 4. The Trial Court is directed to record statement of Search and Seizure Officer on priority basis. S.B. Criminal Miscellaneous 2 nd Bail Application No. 12459/2025:- 1. The present 2nd bail application under Section 483 of BNSS is filed by the applicant-accused Gopal S/o Ghevarram seeking bail in respect of a criminal case registered as FIR No.74/2025 dated 22.06.2025 registered at P.S. SOP, District Tonk, for the offence under Sections 8/20 of NDPS Act. 2. Learned counsel for the applicant submits that the applicant, has been falsely implicated in the matter and the investigation against her is complete and she 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 applicant undertakes not to repeat offence and cooperate with investigation/trial, which will take time. [2025:RJ-JP:39714] (3 of 4) [CRLMB-12458/2025] 3. Learned counsel for applicant-accused submitted that no recovery is effected from possession of present applicant- accused and he has been arrayed as an accused on statement of co-accused and from tomorrow, there is Navaratra and Vijayadashmi Festival and for celebrating the said Festivals with family members, the applicant may be enlarged on bail. He also submits that Rajendra Kumar @ Sanwara S/o Nandkishore is granted bail on 14.08.2025. 4. Learned Public Prosecutor has vehemently opposed the bail applications and submissions made by learned counsel for the applicant-accused. 5. Heard learned counsel for the parties and learned Public Prosecutor. Perused the material placed on record by both the parties. 6. Having considered the submissions advanced on behalf of both parties and upon perusal of the material available on record, the Court finds that the grounds raised in support of the bail application, coupled with other facts such as absence of any apprehension regarding absconding of applicant- accused, tampering with evidence, or influencing witnesses, it is justified to grant of bail. 7. Thus, the instant bail application filed on behalf of applicant- accused Gopal S/o Ghevarram, is hereby allowed and the applicant-accused is ordered to be released on bail with condition that applicant would furnish a personal bond of ₹50,000/- with two sureties of like amount to the satisfaction of the Trial Court with the following conditions:- [2025:RJ-JP:39714] (4 of 4) [CRLMB-12458/2025] (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 applicants-accused shall be liable to be canceled. 8. The Registry is directed to send a copy of this order to the Trial Court through E-mail. (ASHOK KUMAR JAIN),J GAURAV /19 & 68-S