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2025 DAILYLAW 34085 (RAJ)

LAVKUSH S/O HUKAMCHAND v. STATE OF RAJASTHAN

CRLMB/15254/2024 · 2025-01-02

Anil Kumar Upman

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2025:RJ-JP:201] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 15254/2024 Lavkush S/o Hukamchand, R/o Richayadi, Gram Panchayat Amarpura, Tehsil Digod, Police Station Sultanpur, District Kota (Raj.). (At Present Confined In Sub Jail Beawar). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Shantnu Bansal For Respondent(s) : Mr. Rajendra Singh Shekhawat, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 02/01/2025 1. The instant bail application has been filed under Section 483 of B.N.S.S. on behalf of the petitioner, who has been arrested in connection with FIR No.492/2024 registered at Police Station Saket Nagar, District Beawar for the offences punishable under Sections 8/15 of NDPS Act. 2. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. Counsel submits that alleged recovered contraband is below commercial quantity as petitioner was found in possession of 45.970 kg poppy husk. It is submitted that petitioner has no criminal antecedents and he is in custody since long. He submits that trial will take considerable time and 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 [2025:RJ-JP:201] (2 of 2) [CRLMB-15254/2024] of the case; considering the arguments advanced by learned counsel for the petitioner as also the fact that alleged recovered contraband is below commercial quantity; petitioner has no criminal antecedents, but without commenting anything on merits and 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 Lavkush S/o Hukamchand, 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. However, it is made clear that the petitioner shall not involve in similar offence(s) during currency of bail granted by this Court. Petitioner is further directed to mark his presence in the concerned police station on first Monday of every month, till trial is concluded. If breach of any 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 petitioner by this Court. (ANIL KUMAR UPMAN),J CHARU SONI /182