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2025 DAILYLAW 36910 (RAJ)

RAVINDRA CHHIPA @ TONY S/O GANPAT v. STATE OF RAJASTHAN

CRLMB/13198/2025 · 2025-10-14

Anand Sharma

body2025

Judgment text

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[2025:RJ-JP:41894] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 13198/2025 Ravindra Chhipa @ Tony S/o Ganpat, Aged About 31 Years, R/o Ward No. 12, Sarwar, Police Station Sarwar, District Ajmer (Rajasthan) (At Present Confined In Central Jail Ajmer, District Ajmer). ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Ravindra Kumar Paliwal, Adv. For Respondent(s) : Mr. Vivek Sharma, PP HON'BLE MR. JUSTICE ANAND SHARMA Order 14/10/2025 1. This criminal misc. bail application has been filed by the petitioner under Section 483 of BNSS, 2023 in respect of FIR No.257/2025 registered at Police Station Sarwar, District Ajmer for the offences punishable under Sections 8, 20 of NDPS Act. 2. It is stated that alleged Ganja is said to have been recovered from Latif and Shamsuddin and there is no allegation of conscious possession of the said contraband against the petitioner. It is further stated that even otherwise, the quantity of Ganja recovered from Latif and Shamsuddin was weighing 3.925 Kg, which is much less than commercial quantity. Hence, even otherwise, bar under Section 37 of NDPS Act would not come into picture. Further it has been submitted that Latif and Shamsuddin, against whom there is allegation of possessing the Ganja and [2025:RJ-JP:41894] (2 of 3) [CRLMB-13198/2025] recovery having been made from them, have been enlarged on bail vide order dated 26.09.2025 passed by the Co-ordinate Bench of this Court in S.B. Criminal Miscellaneous Bail Application Nos.12422/2025 and 12433/2025. It has been stated that case of the petitioner is at far better footing than the cases of Latif and Shamshudin. Therefore, request 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 view of the fact that name of the petitioner was not mentioned in the FIR and he was subsequently arrested at the instance of Shamshudin and Latif from whom the recovery of Ganja was made and the aforesaid co-accused have been enlarged on bail vide order dated 26.09.2025 passed by the Co-ordinate Bench of this Court and the quantity of Ganja shown in the FIR is also less than commercial quantity, 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. 6. Accordingly, this Bail Application is hereby allowed. The accused-petitioner Ravindra Chhipa @ Tony S/o Ganpat shall be released on bail in pursuance of FIR No. 257/2025 registered at Police Station Sarwar, District Ajmer on furnishing a personal bond of Rs. 1,00,000/- along with two sureties of Rs.1,00,000/- each. That apart, the accused-petitioner shall also follow the conditions as under:- [2025:RJ-JP:41894] (3 of 3) [CRLMB-13198/2025] (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. (ANAND SHARMA),J Jatin /197