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2025 DAILYLAW 45253 (RAJ)

HOSHIYAR VAISHNAV S/O AATMARAM v. THE STATE OF RAJASTHAN

CRLMB/12909/2025 · 2025-10-31

Sameer Jain

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2025:RJ-JP:43704] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 12909/2025 Hoshiyar Vaishnav S/o Aatmaram, Aged About 34 Years, R/o Junia, Police Station Kekri City, District Ajmer (Rajasthan). (Accused Applicant Lodged In Central Jail, Ajmer) ----Accused-Applicant Versus The State Of Rajasthan, Through PP ----Non-Applicant Connected With S.B. Criminal Miscellaneous Bail Application No. 13361/2025 Dhawarkaprasad S/o Gangaram, Aged About 28 Years, R/o Kailashpuri Fooliyakala Police Station Fooliyakal, Distt. Bhilwara (Raj.) (At Present Confined At District Jail, Ajmer). ----Accused-Applicant Versus State Of Rajasthan, Through The Public Prosecutor. ----Non-Applicant S.B. Criminal Miscellaneous Bail Application No. 13362/2025 Chitar Mali S/o Mohan, Aged About 28 Years, R/o Keer Mohalla Fooliyakala, Police Station Fooliyakal, Distt. Bhilwara (Raj.) (At Present Confined At District Jail, Ajmer). ----Accused-Applicant Versus State Of Rajasthan, Through The Public Prosecutor. ----Non-Applicant S.B. Criminal Miscellaneous Bail Application No. 13363/2025 Sameer Khan Son Of Sameer Ulla, Aged About 30 Years, Resident Of Ward No. 8 Islampura Bhaatpur, Police Station Sarola Kalan, District Jhalawar (Raj.) (At Present In Central Jail, Ajmer) ----Accused-Applicant Versus State Of Rajasthan, Through P.P. ----Non-Applicant [2025:RJ-JP:43704] (2 of 3) [CRLMB-12909/2025] For Applicant(s) : Mr. Anant Priya Jain Mr. Abdul Wahid Naqvi Mr. Santosh Srivastava For Non-Applicant(s) : Mr. Rhishi Raj Singh Rathore, PP Ms. Arti Sharma, PP HON'BLE MR. JUSTICE SAMEER JAIN Judgment 31/10/2025 1. The instant bail applications have been filed under Section 483 BNSS on behalf of accused-applicants. The accused-applicants were arrested in connection with FIR No. 293/2025 registered at Police Station Kekri City, District Ajmer for the offence(s) under Sections 8 and 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. Learned counsel for the accused-applicants have submitted that the applicants are falsely implicated in the instant matter. It is submitted that they are all young persons, and sole bread earners for their family, and one of the applicants is specially abled person. It is submitted that they have been behind bars from September, 2025 and have barely any antecedents registered against themselves. It is submitted that they are ready to abide by the conditions, if any imposed. Lastly, it is submitted that seized contraband qua which all the persons are alleged to be involved, is on the basis of CDR and statement of co-accused, nevertheless recovery of the said contraband was from the applicants-Dhawarkaprasad and Chitar Mali. Moreover, the quantity seized is much lesser than the commercial quantity, hence, the applicants are ought to be enlarged on bail. [2025:RJ-JP:43704] (3 of 3) [CRLMB-12909/2025] 3. Learned Public Prosecutor has vehemently opposed the instant bail applications. 4. Heard and considered. 5. Considering the overall facts and taking note of the fact that the quantity recovered i.e. much lesser than the commercial quantity; the period of custody and that the applicants are ready to abide by the condition for reformative approach, and without commenting on merits/demerits of the case, this court is inclined to allow the bail applications of the accused-applicants and enlarge them on bail subject to condition that accused-applicants shall contribute to the Swachh Bharat Abhiyan – initiative of the government, for a period of two months from the date of enlarging on bail, for two hours daily, as an honorary work, under the supervision and directions of the SHO concerned. 6. Accordingly, the bail applications under Section 483 BNSS is allowed and it is ordered that accused-applicants Hoshiyar Vaishnav S/o Aatmaram, Dhawarkaprasad S/o Gangaram, Chitar Mali S/o Mohan & Sameer Khan Son Of Sameer Ulla shall be enlarged on bail provided they furnish a personal bond of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of learned trial Judge for their appearance before the court concerned on all the dates of hearing as and when called upon to do so. (SAMEER JAIN),J DEEPAK/120-123