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2025 DAILYLAW 41332 (RAJ)

ROHIT BIDAWAT S/O SHRI GOPAL BIDAWAT v. STATE OF RAJASTHAN

CRLMB/13463/2025 · 2025-10-17

Anand Sharma

body2025

Judgment text

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[2025:RJ-JP:42784] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 13463/2025 Rohit Bidawat S/o Shri Gopal Bidawat, Aged About 21 Years, Resident Of - Village Hirawala, Nayla Road, Police Station - Kanota Jaipur, Hall Ashok Sansi Ka Makan Rohit Nagar Third, Police Station- Jaisinghpura Khor, Jaipur. (Presently Confined In Central Jail Jaipur). ----Petitioner Versus State Of Rajasthan, Through Public Prosecutor ----Respondent For Petitioner(s) : Mr. Rajendra Singh Tanwar, Adv. For Respondent(s) : Mr. Jaiprakash Tiwari, PP HON’BLE MR. JUSTICE ANAND SHARMA Order 17/10/2025 1. This criminal misc. bail application has been filed by the petitioner under Section 483 of BNSS, 2023 in respect of FIR No.326/2025 registered at Police Station Jaisinghpura Khor, District Jaipur City (North) for the offences punishable under Sections 8/20 and 8/21 of NDPS Act. 2. It is stated that petitioner is not involved in the offence alleged in the FIR. It is submitted that at the time of arrest, provisions of Sections 42 and 50 of NDPS Act have not been followed in proper manner and recovery of 31 grams of smack has been shown against the petitioner, which is much less than commercial quantity. It is submitted that alleged contraband has already been recovered and nothing more is required to be [2025:RJ-JP:42784] (2 of 3) [CRLMB-13463/2025] recovered from the petitioner and he is behind the bars since 24.09.2025, investigation has already been completed against him. Trial is likely to take considerably long time. Therefore, 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. In the light of the fact that the contraband recovered from the petitioner is of lesser than the commercial quantity and the petitioner has also disputed the mode of recovery in arrest alleging violation of provisions of Section 42 and 50 of NDPS Act, 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 Rohit Bidawat S/o Shri Gopal Bidawat shall be released on bail in pursuance of FIR No.326/2025 registered at Police Station Jaisinghpura Khor, District Jaipur City (North) 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:- (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 [2025:RJ-JP:42784] (3 of 3) [CRLMB-13463/2025] 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 /605