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2025 DAILYLAW 37177 (RAJ)

LALIT VAISHNAV URF LUCKY S/O SHRI SHYAM SUNDAR VAISHNAV v. STATE OF RAJASTHAN

CRLMB/12607/2025 · 2025-10-03

Ashok Kumar Jain

body2025

Judgment text

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[2025:RJ-JP:40252] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 12607/2025 Lalit Vaishnav Urf Lucky S/o Shri Shyam Sundar Vaishnav, Aged About 19 Years, R/o Railway Station Ke Saamne, Police Station Medta City District Nagaur. (At Present Accused Petitioner Confined In Central Jail Ajmer). ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Ms. Vaishnavi For Respondent(s) : Mr. Vijay Singh Yadav, PP HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 03/10/2025 1. The present bail application under Section 483 of BNSS is filed by the applicant-accused Lalit Vaishnav Urf Lucky S/o Shri Shyam Sundar Vaishnav seeking bail in respect of a criminal case registered as FIR No300/2025 dated 03.09.2025 registered at P.S. Christianganj District – Ajmer, for the offence under Sections 8/22 of NDPS Act. 2. Learned counsel for the applicant submits that the applicant has been falsely implicated in the matter and the investigation against him is complete and he is no more required in investigation. She further submits that there are no chance of fleeing of applicant accused from the jurisdiction of this Hon’ble Court. She also submits that the applicant undertakes not to repeat offence and cooperate with trial, which will take time. [2025:RJ-JP:40252] (2 of 4) [CRLMB-12607/2025] 3. Learned counsel for applicant submits that without following mandatory provisions under the NDPS Act, a search and seizure is effected by police. She further submits that no independent witness was called by police at the time of search and seizure. She also referred notice under Section 50 of NDPS Act and submitted that no opportunity was granted for search before the Magistrate. She also submits that the present petitioner is charged only for offence under Section 8/29 of NDPS Act and no recovery is effected from the present petitioner who is in custody since 03.09.2025. 4. Learned Public Prosecutor has vehemently opposed the bail application and submitted that the allegations are grave and serious in nature. He has submitted a report received from the concerned Police Station. 5. Heard learned counsel for the petitioner-accused and learned Public Prosecutor. Perused the material placed on record by both the parties. 6. On basis of an information dated 02.09.2025, Parul Yadav, Sub Inspector has detained Irfan and Dharamraj and on search recovered 14.76 gram MD in plastic pouch from Irfan and 8.8 Gram MD in plastic pouch from Dharamraj. The net weight of recovered MD from Irfan is 13.06 Grams and from Dharamraj is 7.35 Gram. A case under Section 8/22 of NDPS is registered against both of them. On their interrogation, the present petitioner was named as the supplier and the present petitioner was detained on 03.09.2025 for charge under Section 8/29 of NDPS Act. There is no criminal [2025:RJ-JP:40252] (3 of 4) [CRLMB-12607/2025] antecedents against the present petitioner accused and no recovery is effected from the present petitioner accused. 7. Upon hearing the arguments and perusing the record, we have found that the applicant-accused is no more required in the investigation and he is in custody for quite some time. The further proceedings will take its own time, therefore, looking to entirety of facts and circumstances of the case and without expressing any opinion on merits of the case, the Court deems it appropriate to grant bail to the applicant- accused. 8. Thus, the instant bail application filed on behalf of applicant- accused Lalit Vaishnav Urf Lucky S/o Shri Shyam Sundar Vaishnav, is hereby allowed and the applicant- accused is ordered to be released on bail provided he would furnish a personal bond of ₹50,000/- with two sureties of like amount to the satisfaction of the Trial Court with the following conditions:- (i) The applicant-accused shall not tamper with evidence or influence the witness in any manner. (ii) The applicant-accused shall not indulge in any criminal activity and shall not repeat any criminal offence punishable under the Law. (iii) The applicant-accused shall attend the hearing of the Trial Court on the date fixed by the Trial court or as and when asked to appear before the Trial Court. (iv) In case of any violation of above conditions, the bail granted to the applicant-accused shall be liable to be canceled. [2025:RJ-JP:40252] (4 of 4) [CRLMB-12607/2025] 9. The Registry is directed to send a copy of this order to the Trial Court through E-mail. (ASHOK KUMAR JAIN),J MR/81