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2025 DAILYLAW 42012 (RAJ)

RAHUL MEWADA S/O GHANSHYAM v. STATE OF RAJASTHAN

CRLMB/13475/2025 · 2025-10-17

Anand Sharma

body2025

Judgment text

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[2025:RJ-JP:42795] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 13475/2025 1. Rahul Mewada S/o Ghanshyam, Aged About 21 Years, Resident Of Chahchorni Police Station Kaamkheda District Jhalawar(Raj) 2. Monu Mali S/o Purilal, Aged About 28 Years, Resident Of Takhaji Maharaj Ke Sthan Ke Pass Nai Basti Aklera Police Station Aklera District Jhalawar (Raj) (At Present Confined In Sub-District Jail, Aklera District Jhalawar (Raj.) ----Petitioners Versus State Of Rajasthan, Through P.P. ----Respondent For Petitioner(s) : Mr. Rohit Khandelwal For Respondent(s) : Mr. Vivek Choudhary, PP HON’BLE MR. JUSTICE ANAND SHARMA Order 17/10/2025 1. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the accused- petitioners in respect of F.I.R. No. 483/2025 registered at Police Station Aklera, District Jhalawar for the offences punishable under Sections 8 and 18 of of N.D.P.S. Act. 2. It is submitted that the petitioners have not committed any offence alleged in the FIR and have been falsely implicated in the criminal case. It is further submitted that without making proper compliance under Section 42 & 50 of NDPS Act, recovery and other proceedings have been conducted by the police. Even the weight of alleged contraband has been shown as 1kg 12grams opium, which is although more than small quantity but is less than [2025:RJ-JP:42795] (2 of 3) [CRLMB-13475/2025] commercial quantity. There are no criminal antecedents whatsoever from the petitioners and they are behind the bar since 26.09.2025. Trial in the case is likely to take considerably long time. Hence the prayer is made to grant the bail of petitioner in the instant matter. 4. Learned Public Prosecutor has vehemently opposed the bail application. 5. Considered the submissions made at Bar. 6. In the light of the fact that the allegation against the petitioners is of possessing opium having weight less than commercial quantity and no criminal antecedents are their against the petitioners. They are behind the bar since 26.09.2025, and have also disputed the mode of their arrest from recovery, without making any comments over the merits of the case, I am inclined to grant bail to the petitioner. 7. Accordingly, the Bail Application is hereby allowed. The accused-petitioner Rahul Mewada S/o Ghanshyam & Monu Mali S/o Purilal shall be released on bail in pursuance of F.I.R. No. 483/2025 registered at Police Station Aklera, District Jhalawar on each of them 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) They shall not tamper with any evidence, nor would influence the witnesses in the case. (ii) They shall not leave the country without prior permission of the Court. [2025:RJ-JP:42795] (3 of 3) [CRLMB-13475/2025] (iii) They shall co-operate in the trial and shall attend each and every date of hearing in the trial, until and unless their presence is exempted by the trial Court. (iv) They 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. 8. In case of failure of observance of the conditions, a ground for cancellation of bail would arise. (ANAND SHARMA),J NEERU/619