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2025 DAILYLAW 31228 (RAJ)

RAJESH KUMAR ALIAS PAPPU S/O PREMCHAND v. STATE OF RAJASTHAN

/12372/2025 · 2025-09-26

Anil Kumar Upman

body2025

Judgment text

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[2025:RJ-JP:40005] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 12372/2025 Rajesh Kumar Alias Pappu S/o Premchand, Aged About 54 Years, R/o Chanda Maharaj Ki Puliya Ke Pass Jhalawar Police Station Kotwali Jhalawar District Jhalawar (Raj) (At Present Confined In District Jail Jhalawar (Raj.) ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Rohit Khandelwal For Respondent(s) : Mr. N.S. Dhakar, PP with Mr. Gaurav Gupta, Asst. G.A. HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 26/09/2025 1. This bail application has been filed under Section 483 of BNSS, on behalf of the petitioner, who has been arrested in connection with FIR No.570/2025 registered at Police Station Kotwali Jhalawar, District Jhalawar for offences punishable under Sections 8/20 and 8/30 of NDPS Act. 2. It is contended by learned counsel for the petitioner that petitioner has falsely been implicated in this case. Learned counsel contends that as per prosecution case, petitioner was found in possession of 3 gram of charas which falls under the category of small quantity. It is submitted that as per schedule of Cr.PC, alleged offence is bailable in nature. Counsel submits that petitioner was arrested for the offence punishable under Section 8/30 of NDPS Act without any evidence and solely on the basis of [2025:RJ-JP:40005] (2 of 3) [CRLMB-12372/2025] police interrogation of co-accused person. It is submitted that there are no criminal antecedents against the petitioner of similar nature and trial will take considerable time in its conclusion. It is contended that petitioner is in custody since 09.09.2025 and further custody of the petitioner would not serve any fruitful purpose. 3. Per contra, learned Public Prosecutor opposes the prayer for bail made by learned counsel for the petitioner. 4. Heard. Perused the material available on record. 5. Having regard to the totality of the facts and circumstances; considering the arguments advanced by learned counsel for the petitioner, especially considering the fact that contraband recovered from the possession of the petitioner falls under the category of small quantity, so also the fact that there are no criminal antecedents against the petitioner of similar nature and trial will take considerable time in its conclusion as well as looking to the custody period, but without expressing any opinion on merits/demerits of this case, I deem it proper to allow the bail application. 6. 6. This bail application is accordingly allowed and it is directed that accused-petitioner - Rajesh Kumar Alias Pappu S/o Premchand, 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, [2025:RJ-JP:40005] (3 of 3) [CRLMB-12372/2025] 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 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 any breach 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 a copy of this order to the concerned SHO for necessary compliance. 11. The observations made hereinabove are only for decision of the bail application and would not have any impact on the trial of the case in any manner. (ANIL KUMAR UPMAN),J CHARU SONI /244