BRIJMOHAN SAINI S/O MAGANLAL v. STATE OF RAJASTHAN
CRLMB/13001/2025 · 2025-10-16
Anand Sharma
body2025
DailyLaw.ai
[ 2025 DAILYLAW 36851 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 36851 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:42356] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 13001/2025 Brijmohan Saini S/o Maganlal, Aged About 31 Years, R/o Jahanabad, Police Station Sadar Hindaun, District Karauli (At Present Accused Petitioner Is Confined In Sub Jail, Hindaun City). ----Petitioner Versus State Of Rajasthan, Through Additional Public Prosecutor, Hindaun City, District Karauli. ----Respondent For Petitioner(s) : Mr. Abdul Kalam Khan, Adv. with Mr. Sanjay Gurjar, Adv. For Respondent(s) : Mr. Vivek Choudhary, PP HON'BLE MR. JUSTICE ANAND SHARMA Order 16/10/2025
1. This criminal misc. bail application has been filed by the petitioner under Section 483 of BNSS, 2023 in respect of FIR No.348/2025 registered at Police Station Hindaun, District Karauli for the offences punishable under Section 8/20 of the N.D.P.S. Act and Section 111 (2) (b) B.N.S.
2. It is contended by learned counsel for the petitioner that although, petitioner has not committed any offence whatsoever, yet he has been falsely implicated by ignoring the mandatory compliance of Sections 42, 50 and 52 of NDPS Act. Recovery of Ganja having weight of 1.194 Kg has been shown against the petitioner. It is contended that quite malafidely just to implicate the petitioner for serious offences, weight of Ganja has
[2025:RJ-JP:42356] (2 of 3) [CRLMB-13001/2025] been shown more than 1 Kg, whereas 1 Kg is small quantity. It is submitted that there is no criminal antecedents whatsoever against the petitioner. It is further submitted that in quite malicious manner, FIR has also been lodged under Section 111 (2) (b) of B.N.S., whereas contents of FIR as well as past record of the petitioner would not indicate anything about his involvement in organized crime. Hence, a prayer has been made to grant bail to the petitioner. 3. Learned Public Prosecutor has vehemently opposed this bail application. 4. Considered the submissions made at Bar. 5. In the light of the fact that in the order of the court below, it has been recorded that there are no criminal antecedents of the petitioner and recovery of less than commercial quantity of Ganja has been shown in the FIR. The petitioner is behind the bars since 20.09.2025 and after the said recovery, nothing more is to be recovered from the petitioner.
The contents of the FIR are also vague with regard to implication in organized crime, this Court, without expressing any opinion on the merits and demerits of the case, deems it just and proper to enlarge the petitioner on bail. 6. Accordingly, this Bail Application is hereby allowed. The accused-petitioner Brijmohan Saini S/o Maganlal shall be released on bail in pursuance of FIR No.348/2025 registered at Police Station Hindaun, District Karauli on furnishing a personal bond of Rs. 1,00,000/- along with two sureties of Rs.1,00,000/-
[2025:RJ-JP:42356] (3 of 3) [CRLMB-13001/2025] each. That apart, the accused-petitioner shall also follow the conditions as under:- (i) He shall not tamper with any evidence, nor would influence the witnesses in the case. (ii) He shall not leave the country without prior permission of the Court. (iii) He shall co-operate in the trial and shall attend each and every date of hearing in the trial, until and unless his presence is exempted by the trial Court. (iv) He shall regularly mark his attendance in the concerned Police Station on 25th day of every month. Concerned S.H.O. shall maintain the register of attendance of the accused-petitioner. (v) On repetition of similar nature of offence during trial, the instant bail shall stand automatically cancelled. (ANAND SHARMA),J Jatin /185