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[2025:RJ-JP:10634] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 1292/2025 Rohitash S/o Shri Ghasiram, Aged About 53 Years, R/o House No.- 02, Baba Colony, Goner Road, Police Station Kho Nagoriyan, District Jaipur-East. (Presently Confined In Central Jail At Jaipur) ----Petitioner Versus State Of Rajasthan, Through Public Prosecutor. ----Respondent For Petitioner(s) : Mr. Rajendra Singh Tanwar For Respondent(s) : Ms. Arti Sharma, PP with Mr. Shubham Sain, AAAG HON'BLE MR. JUSTICE ANIL KUMAR UPMAN
Order 07/03/2025
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.32/2025 registered at Police Station Kho- Nagoriyan, District Jaipur City (East) for the offences under Sections 8/21 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 admittedly, recovered contraband smack is marginally above the small quantity. It is submitted that petitioner is in custody since 09.01.2025. Further custody of the petitioner would not serve any fruitful purpose. Trial will take time in its conclusion.
3. Learned Public Prosecutor oppose the submissions made by the learned counsel for the petitioner. She submits that one other
[2025:RJ-JP:10634] (2 of 3) [CRLMB-1292/2025] case under the NDPS Act has 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 considering the material available on record in the form of charge-sheet; quantity of alleged contraband recovered from the possession of the petitioner as well as period of custody, 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 - Rohitash S/o Shri Ghasiram, 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:10634] (3 of 3) [CRLMB-1292/2025] 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 /373