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[2025:RJ-JP:51663] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 16614/2025 Shivam Choudhary S/o Hariom, Aged About 22 Years, R/o Ward No. 13, Police Station Kotwali Pratapgarh Madhopur, District Pratapgarh (Raj.) (At Present Accused Petitioner Confined In Sub Jail Neemkathana). ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Vidhut Kumar Gupta, Adv. For Respondent(s) : Mr. Tapesh Agarwal, PP HON'BLE MR. JUSTICE ANAND SHARMA
Order 19/12/2025
1. This criminal misc. bail application has been filed by the petitioner under Section 483 of BNSS, 2023 in respect of FIR No.80/2025 registered at Police Station Neemkathana (GRP Ajmer), District GRP Ajmer for the offences punishable under Section 8, 15 of NDPS Act.
2.
Learned counsel for the petitioner submits that the petitioner has not committed any offence whatsoever, yet has falsely been implicated in the FIR in question. He further submits that recovery of alleged contraband has been shown against the petitioner, however, provisions of Section 50 of NDPS Act were not followed prior to effect of recovery. He submits that even otherwise, the contraband recovered from the petitioner is less than commercial quantity, therefore, bar prescribed under Section
[2025:RJ-JP:51663] (2 of 3) [CRLMB-16614/2025] 37 of NDPS Act would not come in the way of granting bail to the petitioner. He also submits that there is no case of similar nature pending against the petitioner. Hence, 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 light of the fact that there are no criminal antecedents of similar nature against the petitioner and quantity of contraband recovered from the petitioner is less than commercial quantity prescribed under the Schedule of NDPS Act, hence, without expressing any opinion on the merits and demerits of the case, this Court deems it just and proper to enlarge the petitioner on bail.
6. Accordingly, this Bail Application is hereby allowed. The accused-petitioner Shivam Choudhary S/o Hariom shall be released on bail in pursuance of FIR No.80/2025 registered at Police Station Neemkathana (GRP Ajmer), District GRP Ajmer 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.
[2025:RJ-JP:51663] (3 of 3) [CRLMB-16614/2025] (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 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 /623