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2025 DAILYLAW 38508 (RAJ)

RAKESH S/O PREMARAM VISHNOI v. STATE OF RAJASTHAN

CRLMB/13217/2025 · 2025-10-14

Ashok Kumar Jain

body2025

Judgment text

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[2025:RJ-JP:42307] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous 2nd Bail Application No. 13217/2025 Rakesh S/o Premaram Vishnoi, Aged About 23 Years, R/o Vishnoio Ki Dhani Dantibada Police Station Dangiyawas, District Jodhpur (Raj.) (At Present Confined In Sub District Jail, Aklera District Jhalawar (Raj.) ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent Connected With S.B. Criminal Miscellaneous 2nd Bail Application No. 13218/2025 Manish Meena Alias Monu S/o Deshraj, Aged About 23 Years, R/o Baredi Kalan(Pathupura) Police Station Aklera District Jhalawar (Raj) (At Present Confined In Sub District Jail Aklera District Jhalawar (Raj). ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Rohit Khandelwal For Respondent(s) : Mr. Manvendra Singh Choudhary, PP HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 14/10/2025 1. The second bail applications under Section 483 of BNSS are filed by the applicants-accused Rakesh S/o Premaram Vishnoi and Manish Meena Alias Monu S/o Deshraj seeking bail in respect of a criminal case registered as FIR No.126/2025 dated 29.07.2025 registered at P.S. Kamkhera District - Jhalawar, for the offence under Sections 8/15 and [2025:RJ-JP:42307] (2 of 4) [CRLMB-13217/2025] 30 of NDPS Act. The first bail applications of petitioners were dismissed as withdrawn with liberty to file after filing of charge-sheet. 2. Learned counsel for the applicants submits that the applicants have been falsely implicated in the matter and the investigation against them is complete and they are no more required in investigation. He further submits that there are no chance of fleeing of applicant accused from the jurisdiction of this Hon’ble Court. The applicants do not have any criminal antecedents. He also submits that the applicants undertakes not to repeat offence and cooperate with investigation/trial, which will take time. 3. Learned counsel for petitioners submits that bail application was dismissed as withdrawn and after filing of charge-sheet, second bail application is filed. He further submitted that there is no evidence to show that these petitioners were indulged in trading of contraband narcotics. He further submits that except the mobile screenshot there is no evidence about transportation and transaction of contraband narcotics. He further submitted that on 27.07.2025 without complying mandatory provision under the law, police has intercepted the car of petitioners and recovered 41gm poppy straw in one bag, 34 gm in second bag, 30 gm in third bag and 34 gm in fourth bag; total 135 gm which is small quantity. He further submitted that there is no criminal antecedents against the petitioners, who were charged under Sections 8/15 and 8/30 of NDPS Act. [2025:RJ-JP:42307] (3 of 4) [CRLMB-13217/2025] 4. Learned Public Prosecutor has vehemently opposed the bail applications and submitted that the allegations are grave and serious in nature. 5. Heard learned counsel for the parties and learned Public Prosecutor. Perused the material placed on record by both the parties. 6. On the basis of interception on 29.07.2025 by SI Sunil Verma, P.S. Kamkhera, Dist. Jhalawar, petitioners were detained as small quantity of poppy straw was recovered from the car owned by the petitioners and have involvement in trading particularly purchasing the contraband in commercial quantity. After drawing conclusion, police has filed charge-sheet against the petitioners. As per criminal antecedents, no criminal case is reported against Rakesh and Manish. 7. Upon hearing the arguments and perusing the record, we have found that the applicants-accused are no more required in the investigation and they are 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 applicants-accused. 8. Thus, the instant bail applications filed on behalf of applicants-accused Rakesh S/o Premaram Vishnoi and Manish Meena Alias Monu S/o Deshraj, are hereby allowed and the applicants-accused are ordered to be released on bail with condition that each of the petitioner [2025:RJ-JP:42307] (4 of 4) [CRLMB-13217/2025] 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 applicants-accused shall not tamper with evidence or influence the witness in any manner. (ii) The applicants-accused shall not indulge in any criminal activity and shall not repeat any criminal offence punishable under the Law. (iii) The applicants-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 applicants-accused shall be liable to be canceled. 9. The Registry is directed to send a copy of this order to the Trial Court through E-mail. (ASHOK KUMAR JAIN),J PREETI VALECHA /10-11