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2025 DAILYLAW 4117 (RAJ)

BABLU S/O BHOLU v. STATE OF RAJASTHAN

CRLMB/970/2025 · 2025-01-22

Anil Kumar Upman

body2025

Judgment text

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 970/2025 Bablu S/o Bholu, Aged About 21 Years, R/o Mahuakho (Upar Ka Pura) 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. Bharat Lal Mali for Mr. Rohit Khandelwal For Respondent(s) : Mr. NS. Dhakar, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 22/01/2025 1. This 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.317/2023 registered at Police Station Ghatoli, District Jhalawar for the offences punishable under Sections 8, 21, 25 & 29 of NDPS Act. After completion of investigation, Police has filed charge-sheet in this matter. 2. It is contended by learned counsel for the petitioner that the accused-petitioner has falsely been implicated in this case. Learned counsel for the petitioner submits that admittedly, no contraband has been recovered from the possession of the petitioner. Petitioner has been made accused in this case solely on the basis of interrogation of co-accused who was found in possession of smack weighing 25 grams. Counsel further submits that petitioner is in custody since 10.01.2025. Counsel submits (2 of 3) [CRLMB-970/2025] that other co-accused persons who were found in possession of contraband have already been granted regular bail by this Court as well as Co-ordinate Bench. Learned counsel contends that charge-sheet has been filed, there are no similar nature of criminal antecedents against the petitioner and trial of the case will take considerable time. Learned counsel further contend that 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. 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, especially the fact that no contraband has been recovered from the possession of the petitioner; co- accused persons who were found in possession of contraband, have already been granted regular bail by this Court as well as Co- ordinate Bench; charge-sheet has been filed; he does not have any similar nature of criminal antecedents and trial will take time in its conclusion 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 this bail application. 6. This bail application is accordingly allowed and it is directed that accused-petitioner Bablu S/o Bholu 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 (3 of 3) [CRLMB-970/2025] 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. However, it is made clear that the petitioner shall not involve in similar offence(s) during currency of bail granted by this Court. The petitioner is further directed to mark his presence in the concerned police station on first week of every month, till trial is concluded. Concerned SHO is directed to maintain a register recording the attendance of the petitioner, as directed above. In case the petitioner fail 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. 8. 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 petitioner by this Court. 9. The observation made hereinabove is only for decision of these instant bail application and would not have any impact on the trial of the case in any manner. (ANIL KUMAR UPMAN),J ANANDTANWAR/87