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[2025:RJ-JP:1669] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 15383/2024
1. Rakesh S/o Mahiram, Aged About 21 Years, R/o Dhako Ki Dhani, Police Station Kaparda, District Jodhpur (Presently Confined In District Jail, Ajmer).
2. Lekhraj S/o Chogaram, Aged About 30 Years, R/o Baisa Ka Than Lamba, Police Station Bilara, District Jodhpur (Rural). (Presently Confined In District Jail, Ajmer.) ----Petitioners Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Vishal Gurjar For Respondent(s) : Ms. Arti Sharma, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN
Order 10/01/2025
1. The instant bail application has been filed under Section 483 BNSS on behalf of the petitioners, who have been arrested in connection with FIR No.425/2024 registered at Police Station Saket Nagar, District Beawar (Raj.) for the offence punishable under Section 8/15 of NDPS Act. During investigation, offences punishable under Sections 8/15 & 8/25 of NDPS Act have been found proved against the petitioners.
2.
Learned counsel for the petitioners submits that petitioners have falsely been implicated in this case. Counsel submits that alleged recovery was made in the absence of the petitioners and admittedly quantity of contraband i.e. 41.350 kgs of poppy husk which is recovered from the car of the petitioners is below
[2025:RJ-JP:1669] (2 of 3) [CRLMB-15383/2024] commercial quantity. Counsel submits that charge-sheet has been filed in this matter. Counsel further submits that there are no criminal antecedents of the petitioners. Petitioners are in custody since 08.11.2024 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; absence of criminal antecedents of the petitioners; 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. This bail application is accordingly allowed and it is directed that accused-petitioners Rakesh S/o Mahiram & Lekhraj S/o Chogaram 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 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
[2025:RJ-JP:1669] (3 of 3) [CRLMB-15383/2024] in any other offence(s) during currency of the bail and they shall mark their presence on first week of every month in the concerned police station. 8. 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 concerned police station, 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 them by this Court. (ANIL KUMAR UPMAN), J LALIT MOHAN /206