SURESH KUSHWAH S/O LATE SHISHUPAL v. STATE OF RAJASTHAN
CRLMB/1230/2025 · 2025-03-12
Anil Kumar Upman
body2025
DailyLaw.ai
[ 2025 DAILYLAW 4789 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 4789 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:11578] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 1230/2025 Suresh Kushwah S/o Late Shishupal, Aged About 42 Years, R/o Kushwah Mohalla Shahnavda P.S. Itawa District Kota Rural At Present Kushwah Restaurent Norden Bypass Chouraha P.s. Railway Coloni District Kota City Rajasthan. (At Present Confined At Central Jail, Kota). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Abdul Kalam Khan For Respondent(s) : Ms. Arti Sharma, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN
Order 12/03/2025
1. The instant bail application has been filed under Section 483 of BNSS on behalf of the petitioner, who has been arrested in connection with FIR No.08/2025 registered at Police Station Railway Colony, District Kota City for the offence under Section 8/20 of NDPS Act.
2. It is contended by learned counsel for the petitioner that the accused-petitioner has falsely been implicated in this case.
Learned counsel submits that recovered contraband is marginally above small quantity. It is submitted that petitioner is in custody since 04.01.2025. Further custody of the petitioner would not serve any fruitful purpose. Trial will take time in its conclusion.
3. Learned Public Prosecutor opposes the submissions made by the learned counsel for the petitioner. She submits that two other
[2025:RJ-JP:11578] (2 of 3) [CRLMB-1230/2025] cases under the NDPS Act have been registered against the petitioner.
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 petitioner, as also the fact that recovered contraband is is marginally above small quantity; petitioner is in custody since 04.01.2025; trial will take time in its conclusion, but without commenting anything on the merits/demerits of the case, I deem it proper to allow the bail application.
6. This bail application is accordingly allowed and it is directed that accused-petitioner - Suresh Kushwah S/o Late Shishupal, shall be released on bail provided he furnishes a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) 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 he 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. It is made clear that the accused-petitioner shall not involve in any other offence(s) during currency of the bail and he shall mark his presence in first week of every month in the concerned police station, till trial is concluded.
8. Concerned SHO is directed to maintain a register recording the attendance of the petitioner, as directed above. In case the petitioner fails to mark his presence in the concerned police
[2025:RJ-JP:11578] (3 of 3) [CRLMB-1230/2025] station, as directed above, the concerned SHO is directed to immediately report the matter to the concerned Court in this regard.
9. If any breach 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 him by this Court.
(ANIL KUMAR UPMAN),J CHARU SONI /259