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2025 DAILYLAW 38243 (RAJ)

KUSHAL SINGH S/O SODAN SINGH v. STATE OF RAJASTHAN

/12091/2025 · 2025-09-23

Anil Kumar Upman

body2025

Judgment text

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[2025:RJ-JP:39040] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 12091/2025 Kushal Singh S/o Sodan Singh, Aged About 28 Years, Resident Of Arniya Police Station Mishroli District Jhalawar (Raj.) ( At Present Confined In Sub District Jail Bhawani Mandi District Jha- lawar (Raj.) ----Petitioner Versus State Of Rajasthan, Thorugh Pp ----Respondent For Petitioner(s) : Mr. Rohit Khandelwal For Respondent(s) : Mr. N.S. Dhakar, PP with Mr. Gaurav Gupta, Assistant GA HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 23/09/2025 1. The instant bail application under Section 483 of BNSS has been filed on behalf of the petitioner, who has been arrested in connection with FIR No.86/2025 registered at Police Station Pagaria, District Jhalawar (Raj.) for the offence punishable under Sections 8/15 & 8/25 of NDPS Act. 2. It is contended by learned counsel for the petitioner that the accused-petitioner has falsely been implicated in this case. Learned counsel submits that no contraband has been recovered from the possession of petitioner. It is submitted that petitioner has been made accused in this case solely on the basis of interrogation/investigation of other co-accused persons namely Govind and Suraj Singh who were found in possession of contraband. Counsel submits that the said co-accused persons [2025:RJ-JP:39040] (2 of 3) [CRLMB-12091/2025] have been granted benefit of bail by this court. Trial of the case will take considerable time in its conclusion. Petitioner is in custody since his date of arrest and further custody of the petitioner would not serve any fruitful purpose. 3. Learned Public Prosecutor opposes the submissions made by learned counsel for the petitioner. He submits that one other case under the NDPS Act has been registered against the petitioner. 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 both the parties, especially the fact that no contraband has been recovered from the possession of the petitioner and aforementioned co- accused persons who were found in possession of contraband, have been granted bail by this court; trial will take considerable time as well as looking to the custody period, but without commenting anything on the merits/demerits of the case, I deem it proper to allow the bail application. 6. This bail application is accordingly allowed and it is directed that accused-petitioner - Kushal Singh S/o Sodan Singh, 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 [2025:RJ-JP:39040] (3 of 3) [CRLMB-12091/2025] in any other offence(s) during currency of the bail and he shall mark his presence in first week of every month in the concerned police station, till trial is concluded. 8. Concerned SHO is directed to maintain a register recording the attendance of the petitioner, as directed above. In case the petitioner fails to mark his presence in the concerned police station, as directed above, the concerned SHO is directed to immediately report the matter to the concerned Court in this regard. 9. If breach of any 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. 10. Office is directed to send copy of this order to the concerned SHO for necessary compliance. 11. The observation made herein above is only for decision of the instant bail application and would not have any impact on the trial of the case in any manner. (ANIL KUMAR UPMAN),J GAUTAM JAIN /45