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2025 DAILYLAW 44709 (RAJ)

SORAMA S/O DEVA v. STATE OF RAJASTHAN

CRLMB/4649/2025 · 2025-10-27

Sameer Jain

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2025:RJ-JP:43004] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 4649/2025 Sorama S/o Deva, Aged About 40 Years, R/o Gujaro Ka Bas Kesharpura, Police Station Sarana, District Ajmer. ----Applicant Versus State Of Rajasthan, Through Pp ----Respondent For Applicant(s) : Mr. Vinay Pal Yadav For Respondent(s) : Ms. Arti Sharma, PP Mr. Rhishi Raj Singh Rathore, PP HON'BLE MR. JUSTICE SAMEER JAIN Order 27/10/2025 1. The present bail application has been filed under Section 482 BNSS in connection with FIR No. 36/2023 registered at Police Station Sarana District Ajmer for the offence(s) under Section 8/15 of NDPS Act. 2. Learned counsel for the accused-applicant has submitted that the alleged contraband recovered in the present case is below the commercial quantity i.e. 8 kilograms as against the commercial quantity being 50 kilograms. It is further submitted that the applicant has no criminal antecedents against him. It is also submitted that there is neither conscious possession nor physical recovery of the contraband from the applicant. The only material against the applicant is the alleged confessional statement of the co-accused, who is the primary accused in the [2025:RJ-JP:43004] (2 of 2) [CRLMB-4649/2025] case. It is further submitted that the applicant, aged about 40 years, is the sole breadwinner of his family. 3. Per contra, learned Public Prosecutor has vehemently opposed the bail application however, is unable to refute the contention qua the recovery of contraband. 4. Having heard the submissions made by the learned counsel for the parties, and taking note of the fact that the contraband recovered is less than the commercial quantity; that no direct recovery is made from the applicant, the anticipatory bail application is allowed. The S.H.O/I.O/Arresting Officer, Sarana District Ajmer in FIR No. 36/2023 is directed that in the event of arrest of the accused-applicant Sorama S/o Deva shall be released on bail, provided he furnishes a personal bond in the sum of Rs.50,000/- with two sureties in the sum of Rs.25,000/- each to the satisfaction of the S.H.O/I.O/Arresting Officer of the concerned Police Station on the following conditions:- (i) that the applicant shall make himself available for interrogation by a police officer as and when required; (ii) that the applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or any police officer, and (iii) that the applicant shall not leave India without previous permission of the court. (SAMEER JAIN),J JKP/61