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2025 DAILYLAW 4884 (RAJ)

SURESH S/O KANHIRAM @ KHANIRAM v. STATE OF RAJASTHAN

CRLMB/1358/2025 · 2025-01-29

Anil Kumar Upman

body2025

Judgment text

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[2025:RJ-JP:4190] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 1358/2025 Suresh S/o Kanhiram @ Khaniram, Aged About 24 Years, R/o Unchakheda Police Station Bhalta District Jhalawar (Raj.) (At Present Confined In Sub District Jail, Aklera District Jhalawar (Raj.) ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Rohit Khandelwal For Respondent(s) : Mr. N.S. Dhakar, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 29/01/2025 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.317/2023 registered at Police Station Ghatoli, District Jhalawar for the offences punishable under Section 8, 21, 25 & 29 of NDPS Act. 2. It is contended by learned counsel for the petitioner that the accused-petitioner has falsely been implicated in this case. Counsel submits that no recovery has been made from the possession of the petitioner. It is submitted that co-accused, who was found in possession of ‘smack’, has been granted bail by this Court. Learned counsel argues that petitioner has no criminal antecedents of similar nature and he is in custody since [2025:RJ-JP:4190] (2 of 3) [CRLMB-1358/2025] 10.01.2025. Trial will take time in its conclusion and further custody of the petitioner would not serve any fruitful purpose. 3. Learned Public Prosecutor opposes the submissions made by the counsel for 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 no contraband has been recovered from the possession of the petitioner; co-accused who was found in possession of smack has been granted bail by this Court; absence of criminal antecedents of similar nature and 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. 6. This bail application is accordingly allowed and it is directed that accused-petitioner Suresh S/o Kanhiram @ Khaniram, 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. However, it is made clear that the petitioner shall not involve in similar offence(s) during currency of bail granted by this Court. The petitioner is further directed to mark his presence in the [2025:RJ-JP:4190] (3 of 3) [CRLMB-1358/2025] concerned police station in the first week of every month, till trial is concluded. 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 petitioner by this Court. (ANIL KUMAR UPMAN),J CHARU SONI /72