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2025 DAILYLAW 34879 (RAJ)

KAMLESH S/O LATE SHRI SHYOJIRAM v. STATE OF RAJASTHAN

CRLMB/15985/2024 · 2025-01-10

Anoop Kumar Dhand

body2025

Judgment text

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[2025:RJ-JP:1539] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 15985/2024 Kamlesh S/o Late Shri Shyojiram, Aged About 58 Years, R/o Village Diggi, Police Station Diggi Nukkad, District Tonk, At Present Opposite Krisna Senior Secondary School, Vinayak Vihar Colony, Ajayrampura Road Kalwada, Police Station Sez, District Jaipur West. (At Present Accused Confined In Central Jail, Jaipur City) ----Petitioner Versus State of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Nirmal Kumar Sharma For Respondent(s) : Mr. Jitendra Singh Rathore, PP JUSTICE ANOOP KUMAR DHAND Order 10/01/2025 1. This bail application under Section 483 B.N.S.S. has been filed by the petitioner in connection with FIR No.159/2023, registered at Police Station SEZ, District Jaipur West wherein he is charged for the offences punishable under Section 8/20 of NDPS Act . 2. Learned counsel for the petitioner submits that recovery of the contraband i.e. 19.450 Kg. ganja is alleged to have been effected from the possession of the main accused-Joravar Singh to whom indulgence of bail has already been granted by this Court vide order dated 04.03.2024. Counsel submits that there is no recovery at the instance of the petitioner and he has been implicated as an accused on the basis of confessional statement of the co-accused. Counsel submits that the petitioner is not having any pending case of similar nature i.e. NDPS Act. Counsel submits that the petitioner is in custody since the date of his arrest and trial [2025:RJ-JP:1539] (2 of 2) [CRLMB-15985/2024] will take its own time to conclude, therefore indulgence of bail be granted to the petitioner. 3. Per contra, learned Public Prosecutor opposed the bail application. 4. Considering the arguments put forward by the learned counsel for the petitioner and looking to the fact that there is no recovery effected at the instance of the petitioner and the recovery of the alleged contraband has been effected at the instance of the co-accused-Joravar Singh, to whom indulgence of bail has already been granted by this Court, looking to the fact that the petitioner is not having any pending case of similar nature i.e. NDPS Act and he is in custody and trial will take its own time to conclude and without expressing any opinion on merits and demerits of the case, I deem it just and appropriate to grant indulgence of bail to the petitioner under Section 483 B.N.S.S. 5. Accordingly, this bail application under Section 483 B.N.S.S. is allowed and it is ordered that accused-petitioner Kamlesh S/o Late Shri Shyojiram arrested in connection with aforementioned FIR, may be released on bail; provided he furnishes a personal bond of Rs.50,000/- with two surety bonds of Rs.25,000/- each to the satisfaction of learned trial Court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so. (ANOOP KUMAR DHAND),J GARIMA /2