[2025:RJ-JP:4961] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 556/2025 Harkesh @ Kallu S/o Shri Fatehram, Aged About 45 Years, R/o Karsayi, Police Station Mamchari, Distt. Karauli (Raj.) (Presently Confined In District Jail, Karauli). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Hari Krishana Sharma For Respondent(s) : Mr. Amit Gupta, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 04/02/2025 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.169/2024 registered at Police Station Mamchari, District Karauli (Raj.) for the offence punishable under Section 8/21 of NDPS Act. Later on, police filed charge-sheet in this matter for the offences punishable under Sections 8/21, 29 & 25 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 no contraband has been recovered from the possession of the petitioner & he has been made accused in this case solely on the basis of police interrogation of other co- accused persons who were found in possession of contraband (6 gram smack) which is marginally above from the small quantity. It is submitted that all other co-accused persons have been granted [2025:RJ-JP:4961] (2 of 3) [CRLMB-556/2025] bail by the learned trial court & bail has been denied to the petitioner solely on the basis of the fact that three other cases have been registered against the petitioner under the NDPS Act. Petitioner is in custody since 24.11.2024. Charge-sheet has been filed & trial of the case will take considerable time. Further custody of the petitioner would not serve any fruitful purpose. 3. Learned Public Prosecutor opposes the submissions made by learned counsel for the petitioner. He submits that petitioner is a habitual offender as 8 other cases have been registered against him out of which three cases are registered under the NDPS Act. 4. Learned counsel for the petitioner submits that bail cannot be denied to an accused solely on the basis of his previous criminal involvement. If the accused is otherwise found to be entitled to bail, he cannot be denied bail only on the ground of criminal history. The well-known principle of "Presumption of Innocence Unless Proven Guilty," gives rise to the concept of bail as a rule and imprisonment as an exception. 5. I have considered the contentions. 6. 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 no contraband has been recovered from the possession of the petitioner; other co-accused persons of this case have been granted bail by the learned trial court; charge-sheet has been filed in this matter & trial will take time in its conclusion as also 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. [2025:RJ-JP:4961] (3 of 3) [CRLMB-556/2025] 7. This bail application is accordingly allowed and it is directed that accused-petitioner - Harkesh @ Kallu S/o Shri Fatehram, 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. 8. 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. 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. 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 GAUTAM JAIN /373