DEVANSHU JAIN S/O SHRI LALIT JAIN v. THE STATE OF RAJASTHAN
CRLMB/13055/2025 · 2025-10-16
Anand Sharma
body2025
DailyLaw.ai
[ 2025 DAILYLAW 37870 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 37870 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:42362] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 13055/2025 Devanshu Jain S/o Shri Lalit Jain, Aged About 25 Years, R/o House No. 653, Maniharon Ka Rasta, Tripolia Bazar, Kotwali, Jaipur (Accused Presently Confined In Central Jail, Jaipur). ----Petitioner Versus The State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. N. A. Naqvi, Senior Counsel with Mr. Syed Adeel Naqvi, Adv. For Respondent(s) : Mr. Vivek Sharma, 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.344/2025 registered at Police Station Bajaj Nagar, Jaipur City (East) for the offences punishable under Sections 8/20, 8/21, 8/29 and 8/25 of NDPS Act. 2. It is submitted that although, recovery of 5.62 grams MDMA has been shown against the petitioner, yet the fact is that the petitioner has not committed any such offence and he has been falsely implicated in the instant matter. Recovery and arrest has been made in violation of Sections 50 and 52 of NDPS Act. It is submitted that even otherwise, the quantity shown to have been recovered is less than commercial quantity and co-accused- Tanishq Arora, against whom allegation of possessing contraband with less than commercial quantity were levelled in the same FIR,
[2025:RJ-JP:42362] (2 of 3) [CRLMB-13055/2025] has been enlarged on bail by the Co-ordinate Bench of this Court vide order dated 03.10.2025 in S.B. Criminal Miscellaneous Bail Application No.11933/2025. It is submitted that case of the petitioner is also at similar footing. The petitioner is behind the bars since 02.09.2025 and trial is likely to take considerably long time. It is also submitted that there are no criminal antecedents against the petitioner. 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.
Looking to the fact that co-accused, with a similar allegation, has already been enlarged on bail by the Co-ordinate Bench of this Court vide order dated 03.10.2025 and there are no criminal antecedents against the petitioner, moreover the quantity alleged to have been recovered from the petitioner is less than the 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. Accordingly, this Bail Application is hereby allowed. The accused-petitioner Devanshu Jain S/o Shri Lalit Jain shall be released on bail in pursuance of FIR No.344/2025 registered at Police Station Bajaj Nagar, Jaipur City (East), 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:42362] (3 of 3) [CRLMB-13055/2025] (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. (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 /297