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[2025:RJ-JP:13777] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 792/2025 Hussain S/o Nashrushah, Aged About 36 Years, Resident Of Ward No. 13 Mandana Police Station Mandana District Kota Rural ( Raj.) ( At Present Confined In Central Jail Kota (Raj.) ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Rohit Khandelwal For Respondent(s) : Mr. Shriram Dhakad, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN
Order 26/03/2025
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.186/2024 registered at Police Station Mandana, District Kota Rural (Rajasthan) for the offence punishable under Section 8/20 of NDPS Act. Later on, police filed charge-sheet in this matter for the offences punishable under Sections 8/20 & 8/29 of NDPS Act.
2.
Learned counsel for the petitioner submit that petitioner has falsely been implicated in this case. Counsel submits that alleged recovered contraband is below commercial quantity. Petitioner is in custody since 28.11.2024 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
[2025:RJ-JP:13777] (2 of 3) [CRLMB-792/2025] counsel for the petitioner. He submits that petitioner is habitual offender and five other cases have been registered against him wherein four cases are under the NDPS Act.
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; 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 this bail application.
6. The bail application is accordingly allowed and it is directed that accused-petitioner- Hussain S/o Nashrushah 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 every week in the concerned 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.
[2025:RJ-JP:13777] (3 of 3) [CRLMB-792/2025]
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 /99