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2025 DAILYLAW 32321 (RAJ)

PAVAN TIWARI S/O SHRI BANWARILAL SHARMA v. STATE OF RAJASTHAN

CRLMB/13422/2024 · 2025-01-17

Anil Kumar Upman

body2025

Judgment text

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[2025:RJ-JP:2412] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 13422/2024 Pavan Tiwari S/o Shri Banwarilal Sharma, Aged About 52 Years, R/o Near Old Tehsil Saipau, District Dholpur (Raj.) At Present Narayan Hospital Wali Gali, Near Waterworks, Thana Kotwali, District Dholpur (Raj.) (Confined At District Jail, Dholpur). ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Gordhan Singh Fauzdar For Respondent(s) : Mr. N.S. Dhakar, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 17/01/2025 1. The instant bail application has been filed under Section 483 of BNSS., on behalf of the petitioner, who has been arrested in connection with FIR No.437/2024 registered at Police Station Kotwali Dholpur, District Dholpur (Raj.) for the offence punishable under Section 8/20 of NDPS Act. 2. It is contended by learned counsel for the petitioner that the accused-petitioner has falsely been implicated in this case. Learned counsel submits that alleged recovered contraband is marginally above from the small quantity. Petitioner is in custody since 13.09.2024. Charge-sheet has been filed & trial of the case will take considerable time. Further custody of the petitioner would not serve any fruitful purpose. [2025:RJ-JP:2412] (2 of 3) [CRLMB-13422/2024] 3. Learned Public Prosecutor opposes the submissions made by learned counsel for the petitioner. He submits that two other cases have been registered against the petitioner under the NDPS Act. 4. I have considered the contentions. 5. Having regard to the totality of the facts and circumstances of the case; considering the arguments advanced by both the parties, especially the fact that alleged recovered contraband is marginally above from the small quantity; looking to the custody period, but without commenting anything on the merits/demerits of the case, I deem it proper to allow the bail application. The observations made hereinabove is only for decision of the instant bail application and would not have any impact on the trial of the case in any manner. 6. This bail application is accordingly allowed and it is directed that accused-petitioner - Pavan Tiwari S/o Shri Banwarilal Sharma, 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, 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 on once in every month in the concerned police station. [2025:RJ-JP:2412] (3 of 3) [CRLMB-13422/2024] 8. 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. (ANIL KUMAR UPMAN),J GAUTAM JAIN /97