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2025 DAILYLAW 33911 (RAJ)

HARISHPURI S/O GYANPURI GOSWAMI v. STATE OF RAJASTHAN

CRLMB/15084/2024 · 2025-02-13

Anil Kumar Upman

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Judgment text

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[2025:RJ-JP:6483] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 15084/2024 Harishpuri S/o Gyanpuri Goswami, Aged About 25 Years, R/o Gunga Tehsil And Police Station Shiv District Barmer (Raj.) (At Present Confined In Sub District Jail, Bhawani Mandi District Jhalawar (Raj.) ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent Connected With S.B. Criminal Miscellaneous Bail Application No. 15546/2024 1. Fusaram S/o Babulal Vishnoi, Aged About 23 Years, R/o Vishnoiyo Ki Dhani ( Presently Confined At Sub Jail Bhawanimandi District Jhalawar) 2. Prakash S/o Hariram Vishnoi, Aged About 24 Years, R/o Veru Police Station Rajiv Gandhi, Tehsil And District Jodhpur (Raj.) ( Presently Confined At Sub Jail Bhawanimandi District Jhalawar) ----Petitioners Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Rohit Khandelwal Mr. Kalu Singh Sisodiya through V.C. For Respondent(s) : Mr. Tej Prakash Sharma, Special PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 13/02/2025 1. These instant bail applications have been filed under Section 483 of BNSS on behalf of the petitioners, who have been arrested in connection with FIR No.5/2024 registered at Police Station CBN [2025:RJ-JP:6483] (2 of 3) [CRLMB-15084/2024] Bhawanimandi, District Jhalawar (Rajasthan) for the offence punishable under Section 8/15(B) of NDPS Act. Later on, police filed charge-sheet in this matter. 2. Learned counsel for the petitioners submit that petitioners have falsely been implicated in this case. Counsel submit that alleged recovered contraband is below commercial quantity. Petitioners are in custody since 17.11.2024 and trial will take considerable time. Further custody of the petitioners would not serve any fruitful purpose. 3. Learned Public Prosecutor opposes the submissions made by counsel for the petitioners. 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 petitioners, as also the fact that alleged recovered contraband is below commercial quantity; period of custody, but without commenting anything on the merits/demerits of the case, I deem it fit and proper to allow these bail applications. 6. The bail application is accordingly allowed and it is directed that accused-petitioner (1) Harishpuri S/o Gyanpuri Goswami, (2) Fusaram S/o Babulal Vishnoi & (3) Prakash S/o Hariram Vishnoi shall be released on bail provided each of them 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 they shall appear before that Court and any court to which the matter is [2025:RJ-JP:6483] (3 of 3) [CRLMB-15084/2024] transferred, on all subsequent dates of hearing and as and when called upon to do so. 7. It is made clear that the accused-petitioners shall not involve in any other offence(s) during currency of the bail and they shall mark his presence in first week of every month in the Police Station Central Bearou of Narcotics, Bhawanimandi, Jhalawar (Raj.). 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 them by this Court. 9. Concerned SHO is directed to maintain a register recording the attendance of the petitioners. In case the petitioners fail to mark their presence in the Police Station Central Bearou of Narcotics, Bhawanimandi, Jhalawar (Raj.), the concerned SHO is directed to immediately report the matter to the concerned Court in this regard. (ANIL KUMAR UPMAN), J LALIT MOHAN /121-122