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2025 DAILYLAW 33929 (RAJ)

SHYAM SINGH S/O HARI SINGH v. STATE OF RAJASTHAN

CRLMB/15106/2024 · 2025-01-13

Anil Kumar Upman

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2025:RJ-JP:1883] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 15106/2024 Shyam Singh S/o Hari Singh, R/o Vallabgarh, Tehsil Bhusawar, District Bharatpur (At Present Confined In District Jail, Dausa). ----Accused-Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Anupam Sharma, Adv. For Respondent(s) : Mr. Devi Singh, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 13/01/2025 1. The instant bail application has been filed under Section 483 BNSS on behalf of the petitioner, who has been arrested in connection with FIR No.85/2024 registered at Police Station Lavan, District Dausa (Raj.) for the offences punishable under Sections 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 admittedly no contraband has been recovered from the possession of the petitioner and the petitioner has been made accused in this solely on the basis of interrogation of the co-accused person, who was found in possession of 1.686 kg of Ganja. He further submits that said co-accused has already been granted benefit of bail by learned trial Court. He argues that trial of the case will take considerable time. He further argues that [2025:RJ-JP:1883] (2 of 3) [CRLMB-15106/2024] the petitioner is in custody since 18.11.2024 and further custody of the petitioner would not serve any fruitful purpose. 3. Learned Public Prosecutor opposes the submissions made by the counsel for the petitioner. He submits that three other cases have been registered against the petitioner out of which two cases have been registered 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, especially the fact that co-accused person, who was found in possession of contraband, has already granted benefit of bail by learned trial Court; no contraband has been recovered from the possession of the petitioner and trial will take time in its conclusion as well as 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 Shyam Singh S/o Hari Singh 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 [2025:RJ-JP:1883] (3 of 3) [CRLMB-15106/2024] in any other offence(s) during currency of the bail and he shall mark his presence on first week of every month in the concerned police station, till trial is concluded. 8. 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. (ANIL KUMAR UPMAN),J MADAN/108