BANNESINGH ALIAS BANYA S/O BHOLURAM v. STATE OF RAJASTHAN
CRLMB/15170/2024 · 2025-03-04
Anil Kumar Upman
body2025
DailyLaw.ai
[ 2025 DAILYLAW 33968 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 33968 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:9433] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 15170/2024 Bannesingh Alias Banya S/o Bholuram, Aged About 26 Years, R/o Mahua Kho Police Station Aklera District Jhalawar (Raj.) ( At Present Confined In Sub- District Jail, Aklera District Jhalawar (Raj.) ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Rohit Khandelwal For Respondent(s) : Ms. Arti Sharma, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN
Order 04/03/2025
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.45/2022 registered at Police Station Aklera, District Jhalawar (Rajasthan) for the offences punishable under Sections 8/21 & 29 of NDPS Act. Later on, police filed charge-sheet in this matter.
2.
Learned counsel for the petitioner submit that petitioner has falsely been implicated in this case. Counsel submits that admittedly, no contraband has been recovered from the possession of the petitioner. Counsel submits that other co- accused persons including accused who was found in possession of contraband have been granted benefit of bail by co-ordinate Bench of this Court. Counsel submits that father and cousin brother of
[2025:RJ-JP:9433] (2 of 3) [CRLMB-15170/2024] the petitioner has expired in the road accident today itself and wife and mother of the petitioner are in serious condition and struggling for life in the hospital. Counsel submits that there are no criminal antecedents of the petitioner. Petitioner is in custody since 19.10.2024 and trial will take considerable time. Further custody of the petitioner would not serve any fruitful purpose. 3. Learned Public Prosecutor opposes the submissions made by counsel for the petitioner. 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 no contraband has been recovered from the possession of the petitioner; absence of criminal antecedents of the petitioner; charge-sheet has been filed in this matter; period of custody, but without commenting anything on the merits/demerits of the case, I deem it fit and proper to allow this bail application. 6. The bail application is accordingly allowed and it is directed that accused-petitioner Bannesingh Alias Banya S/o Bholuram 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:9433] (3 of 3) [CRLMB-15170/2024] 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. 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. 9. Concerned SHO is directed to maintain a register recording the attendance of the petitioner. In case the petitioner fails to mark his presence in the concerned police station, the concerned SHO is directed to immediately report the matter to the concerned Court in this regard. (ANIL KUMAR UPMAN),J LALIT MOHAN /290