BANTI MALAWAT S/O SHRI HEERALAL v. STATE OF RAJASTHAN
CRLMB/1198/2025 · 2025-03-11
Anil Kumar Upman
body2025
DailyLaw.ai
[ 2025 DAILYLAW 4435 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 4435 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:11193] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 1198/2025 Banti Malawat S/o Shri Heeralal, Aged About 30 Years, R/o C-20, Sriniwas Nagar, Police Station Murlipura, Jaipur West. (Presently Confined In Central Jail At Jaipur). ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent Connected With S.B. Criminal Miscellaneous Bail Application No. 3362/2025 Prakash Sansi S/o Late Shri Ram Lal, Aged About 45 Years, R/o Sansiyon Ka Dera, Madau, Police Station Muhana, Jaipur, Rajasthan. At Present Plot No. 76, Krishna Colony, Dhaulai, Police Station Muhana, Jaipur (South), Rajasthan. (At Present Confined At Central Jail, Jaipur). ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Rajendra Singh Tanwar Mr. Girraj P. Sharma For Respondent(s) : Mr. N.S. Dhakar, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN
Order 11/03/2025
1. These instant bail applications have been filed under Section 483 of BNSS on behalf of the petitioners, who have been arrested in connection with FIR No.208/2020 registered at Police Station Mansarovar, District Jaipur City (South) for the offence punishable under Section 8/20 of NDPS Act.
2. It is contended by learned counsel for the petitioners that petitioners have falsely been implicated in this case. Learned counsel submit that no contraband has been recovered from the
[2025:RJ-JP:11193] (2 of 3) [CRLMB-1198/2025] possession of the petitioners and they have been made accused in this case solely on the basis of interrogation/investigation of co- accused person namely Kamlesh Kumar who was found in possession of contraband. It is submitted that the said co-accused person has been granted benefit of bail by the co-ordinate bench of this court. Petitioners are in custody since their date of arrest & trial of the case will take considerable time. Further custody of the petitioners would not serve any fruitful purpose.
3. Learned Public Prosecutor opposes the submissions made by the learned counsel for the petitioner. He submits that petitioners are habitual offender as several other cases have been registered against them.
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 petitioners, especially the fact that no contraband has been recovered from the possession of the petitioners; co- accused of this case has been granted benefit of bail by the co- ordinate bench of this court; 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 these bail applications.
6. These bail applications are accordingly allowed and it is
directed that accused-petitioners – 1) Banti Malawat S/o Shri Heeralal and 2) Prakash Sansi S/o Late Shri Ram Lal shall be released on bail provided, each of them furnishes a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only)
[2025:RJ-JP:11193] (3 of 3) [CRLMB-1198/2025] together with two sureties in the sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) each to the satisfaction of the learned trial Court with the stipulation that they 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 petitioners shall not involve in similar offence(s) during currency of bail granted by this Court. The petitioners are further directed to mark their presence in the concerned police station in first week of every month, till trial is concluded.
8. Concerned SHO is directed to maintain a register recording the attendance of the petitioners, as directed above. In case the petitioners fails to mark their 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.
9. 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 them by this Court.
10. The observation made herein above is only for decision of the instant bail application and would not have any impact on the trial of the case in any manner.
(ANIL KUMAR UPMAN),J GAUTAM JAIN /418-419