DEVI SINGH RATHORE S/O SHRI SHERSINGH v. STATE OF RAJASTHAN
CRLMB/15906/2024 · 2025-01-15
Anil Kumar Upman
body2025
DailyLaw.ai
[ 2025 DAILYLAW 34802 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 34802 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:1933] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 15906/2024 Devi Singh Rathore S/o Shri Shersingh, Aged About 35 Years, R/o Village Khardia, Police Station Deedwana, Post Singhana, District Deedwana Kuchaman, At Present Tenant Plot No. 16, Baba Ramdev Nagar, Gajsinghpura, Police Station Mansarovar, Jaipur. (At Present Confined In Central Jail, Jaipur). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Jai Singh Rathore For Respondent(s) : Ms. Arti Sharma, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN
Order 15/01/2025
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.1100/2024 registered at Police Station Mansarovar, District Jaipur City (South) (Raj.) for the offences punishable under Sections 8/15 & 8/18 of NDPS Act. Investigation is being conducted for the offences punishable under Sections 8/15 & 8/18 of NDPS Act.
2.
Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. Counsel submits that admittedly alleged recovered contraband i.e. 452 gms opium with pouch, 2.167 kg poppy powder and 5.903 kg of poppy straw, is below commercial quantity. Counsel further submits that there are no criminal antecedents of the petitioner of similar nature. [2025:RJ-JP:1933] (2 of 3) [CRLMB-15906/2024] Petitioner is in custody since 04.12.2024 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 petitioner. She submits that 2 other cases have been registered against 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 alleged recovered contraband is below commercial quantity; absence of criminal antecedents of the petitioner of similar nature; 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-petitioner Devi Singh Rathore S/o Shri Shersingh 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 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. [2025:RJ-JP:1933] (3 of 3) [CRLMB-15906/2024]
8. 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. 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 LALIT MOHAN /280