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2025 DAILYLAW 35337 (RAJ)

LALARAM S/O KANWARPAL v. STATE OF RAJASTHAN

CRLMB/16333/2024 · 2025-02-14

Anil Kumar Upman

body2025

Judgment text

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[2025:RJ-JP:6578] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 16333/2024 Lalaram S/o Kanwarpal, R/o Village Sohila Police Station Baroni District Tonk (Raj.) (At Present Confined In Central Jail, Jaipur (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 14/02/2025 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.212/2021 registered at Police Station Phagi, District Jaipur Rural (Rajasthan) for the offence punishable under Section 8/20 of NDPS Act. 2. Learned counsel for the petitioner submit that petitioner has falsely been implicated in this case. Counsel submits that no contraband has been recovered from the possession of the petitioner. Counsel submits that petitioner has been made accused solely on the basis of police interrogation of co-accused who was found in possession of 3 kgs of Ganja. Counsel submits that co- accused who was found in possession of alleged contraband has already been granted bail by co-ordinate Bench of this Court. Counsel submits that charge-sheet has been filed in this matter. [2025:RJ-JP:6578] (2 of 3) [CRLMB-16333/2024] Counsel further submits that there are no criminal antecedents of the petitioner of similar nature. Petitioner is in custody since 10.12.2024 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 petitioner; absence of criminal antecedents of the petitioner of similar nature; 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 these bail applications. 6. The bail application is accordingly allowed and it is directed that accused-petitioner Lalaram S/o Kanwarpal 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 in first week of every month in the concerned [2025:RJ-JP:6578] (3 of 3) [CRLMB-16333/2024] 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 /385