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2025 DAILYLAW 31532 (RAJ)

RAVI GARG @ RAVI @ BHOOT S/O LATE SHRI VIJAY KUMAR GARG v. STATE OF RAJASTHAN

CRLMB/12252/2024 · 2025-03-18

Praveer Bhatnagar

body2025

Judgment text

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[2025:RJ-JP:12176] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 12252/2024 Ravi Garg @ Ravi @ Bhoot S/o Late Shri Vijay Kumar Garg, Aged About 29 Years, R/o Malakpada, Bari, P.s. Bari, Dholpur. ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. S.S. Solanki For Respondent(s) : Mr. Amit Poonia, PP HON'BLE MR. JUSTICE PRAVEER BHATNAGAR Order 18/03/2025 1. Apprehending his arrest in connection with FIR No. 363/2024 registered at Police Station Badi, District Dholpur for the offence(s) under Sections 8/20 and 8/21 of NDPS Act, the accused-petitioner has preferred this anticipatory bail application under Section 482 BNSS. 2. Learned counsel for the accused-petitioner submits that accused-petitioner has falsely been implicated in this case solely on the basis of disclosure statement of the other co-accused, who have already been enlarged on regular bail. The recovery of contraband articles were effected from the possession of Shivam Garg @ Dinesh Garg. There is no substantive evidence on the record, substantiating the fact that the accused-petitioner has supplied the said Ganja to the main accused Shivam Garg @ Dinesh Garg. The accused-petitioner is ready and willing to cooperate with the investigation and custodial investigation of the [2025:RJ-JP:12176] (2 of 3) [CRLMB-12252/2024] accused-petitioner is not required, therefore, anticipatory bail application of the accused-petitioner may be allowed. 3. Learned Public Prosecutor has vehemently opposed the anticipatory bail application and contended that the accused- petitioner is a habitual offender and against him three other criminal cases were registered under various offences. The other co-accused has named the accused-petitioner and custodial investigation of the accused-petitioner is required to investigate the entire matter, therefore, the anticipatory bail application of the accused-petitioner may be dismissed. 4. Heard and perused the material available on record. 5. It is not desirable to express anything on the merits of the case. The recovery of contraband articles i.e. Ganja were effected from the possession of other co-accused Shivam Garg @ Dinesh Garg and he has named the present petitioner in supplying the contraband articles. Apart from the disclosure statement of co- accused Shivam Garg @ Dinesh Garg, there is no substantive evidence available on record indicating the fact that the petitioner has supplied the said contraband articles to the other co-accused Shivam Garg @ Dinesh Garg, therefore, I deem it just and proper to allow the anticipatory bail application of the accused-petitioner. 6. Accordingly, the anticipatory bail application under Section 482 BNSS is allowed and it is ordered that in the event of arrest of the petitioner Ravi Garg @ Ravi @ Bhoot S/o Late Shri Vijay Kumar Garg, in connection with FIR No. 363/2024 registered at Police Station Badi, District Dholpur, he shall be released on bail, provided he furnishes a personal bond in the sum of Rs.50,000/- [2025:RJ-JP:12176] (3 of 3) [CRLMB-12252/2024] with two sureties in the sum of Rs.25,000/- each to the satisfaction of the S.H.O/I.O/Arresting Officer of the concerned Police Station on the following conditions:- (i) that the petitioner shall make himself available for interrogation by a police officer as and when required; (ii) that the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the court or any police officer, and (iii) that the petitioner shall not leave India without previous permission of the court. (PRAVEER BHATNAGAR),J Keshav/125