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2025 DAILYLAW 42395 (RAJ)

SANJAY BAIRAGI S/O BHAGWAN v. STATE OF RAJASTHAN

CRLMB/12519/2025 · 2025-09-26

Ashok Kumar Jain

body2025

Judgment text

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[2025:RJ-JP:39981] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 12519/2025 Sanjay Bairagi S/o Bhagwan, Aged About 23 Years, R/o Guradkheda, P.s. Ratlai Presently At Madhopur Jhalawar City, Dist. Jhalawar. (Presently Confined In Sub Jail Jhalawar). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent S.B. Criminal Miscellaneous Bail Application No. 12520/2025 Prahlad Gupta S/o Balchand Gupta, Aged About 52 Years, R/o Harishchandra Colony, Jhalrapatan City, Dist. Jhalawar. (Presently Confined In District Jail Jhalawar). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Amit Dadhich Mr. Krishan Kant Parmar Mr. Sanjay Kumar Sharma For Respondent(s) : Mr. Vijay Singh yadav, PP HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 26/09/2025 1. The bail applications under Section 483 of BNSS are filed by the applicants-accused Sanjay Bairagi S/o Bhagwan and Prahlad Gupta S/o Balchand Gupta, seeking bail in respect of a criminal case registered as FIR No.289/2025 dated 09.09.2025 registered at P.S. Jhalra Patan, Jhalawar for the offence under Sections 8, 20, 29 and 30 of NDPS Act. [2025:RJ-JP:39981] (2 of 3) [CRLMB-12519/2025] 2. Learned counsel for the applicants-accused submits that the applicant, has been falsely implicated in the matter and the investigation against them is complete and they are no more required in investigation. They further submits that there are no chance of fleeing of applicants-accused from the jurisdiction of this Hon’ble Court. The applicants do not have any criminal antecedents. They also submits that the applicants undertake not to repeat offence and cooperate with investigation/trial, which will take time. 3. Learned counsel for applicants-accused submitted that applicants-accused are an innocent person and are in custody since long and trial will take its time and from tomorrow, there is Navaratra and Vijayadashmi Festival and for celebrating the said Festivals with family members, applicants-accused may be enlarged on bail. They further submits that 16 gram Ganja is recovered from Sanjay Bairagi, but no recovery is effected from Prahlad Gupta. They further submits that police has not followed mandatory provisions under the NDPS Act before effecting search & seizure. 4. Learned Public Prosecutor has vehemently opposed the bail applications and submissions made by learned counsel for the applicants-accused. 5. Heard learned counsel for the parties and learned Public Prosecutor. Perused the material placed on record by both the parties. 6. Having considered the submissions advanced on behalf of both parties and upon perusal of the material available on [2025:RJ-JP:39981] (3 of 3) [CRLMB-12519/2025] record, the Court finds that the grounds raised in support of the bail applications, coupled with other facts such as absence of any apprehension regarding absconding of applicant-accused, tampering with evidence, or influencing witnesses, it is justified to grant of bail. 7. Thus, instant bail applications filed on behalf of applicants- accused Sanjay Bairagi S/o Bhagwan and Prahlad Gupta S/o Balchand Gupta, are hereby allowed and the applicants-accused are ordered to be released on bail with condition that each of the applicant 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 cancelled. 8. The Registry is directed to send a copy of this order to the Trial Court through E-mail. (ASHOK KUMAR JAIN),J ashu/88 & 1-C