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2025 DAILYLAW 32593 (RAJ)

MANRAJ S/O RATTIRAM v. STATE OF RAJASTHAN

CRLMB/13755/2024 · 2025-01-02

Anil Kumar Upman

body2025

Judgment text

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[2025:RJ-JP:184] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 13755/2024 Manraj S/o Rattiram, Aged About 32 Years, R/o Chakeri, Chowki Kundera, Police Station Kotwali, Sawai Madhopur (Raj.). (At Present Accused Confined In District Jail, Sawai Madhopur). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Nirmal Kumar Sharma For Respondent(s) : Mr. N.S. Dhakar, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 02/01/2025 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.253/2024 registered at Police Station Kundera, District Sawai Madhopur (Raj.) for the offence punishable under Section 8/21 of NDPS Act. 2. It is contended by learned counsel for the petitioner that the accused-petitioner has falsely been implicated in this case. Counsel submits that fake recovery of 19.58 gms of Smack has been shown from the petitioner which is below commercial quantity. Counsel submits that charge-sheet has been filed in this matter and trial will take considerable time. Counsel submits that petitioner is in custody since 19.10.2024. Further custody of the petitioner would not serve any fruitful purpose. [2025:RJ-JP:184] (2 of 3) [CRLMB-13755/2024] 3. Learned Public Prosecutor opposes the submissions made by the counsel for the petitioner. He submits that one another case has 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 learned counsel for the petitioner, as also the fact that alleged recovery is below commercial quantity; charge-sheet has been filed in this matter; 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. 6. This bail application is accordingly allowed and it is directed that accused-petitioner Manraj S/o Rattiram 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. 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 first week of every three month in the concerned police station. 8. Concerned SHO is directed to maintain the record of presence of the petitioner and in case of any default, he will make [2025:RJ-JP:184] (3 of 3) [CRLMB-13755/2024] report to the concerned Court immediately. 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. 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. (ANIL KUMAR UPMAN),J LALIT MOHAN /173