SHIVAM KUMAR S/O SHRI RAJESH v. STATE OF RAJASTHAN
CRLMB/1318/2025 · 2025-02-06
Anil Kumar Upman
Transfer Petitionbody2025
DailyLaw.ai
[ 2025 DAILYLAW 4952 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 4952 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:5222] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 1318/2025 Shivam Kumar S/o Shri Rajesh, Aged About 25 Years, R/o Shyam Nagar Colony, Police Station Mathura Gate, Bharatpur (Raj). (At Present Confined In Central Jail Sewar, Bharatpur) ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Rajeev Kumar Sogarwal with Mr. Aaditya Joshi For Respondent(s) : Mr. N.S. Dhakar, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN
Order 06/02/2025
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.17/2025 registered at Police Station Mathuragate, District Bharatpur (Rajasthan) for the offence punishable under Section 8/21 of NDPS Act. Investigation is being conducted for the offence punishable under Section 8/21 of NDPS Act.
2.
Learned counsel for the petitioner submit that petitioner has falsely been implicated in this case. Counsel submits that alleged recovered contraband is below commercial quantity. Counsel submits that there are no criminal antecedents of the petitioner. Petitioner is in custody since 06.01.2025 and trial will take considerable time. Further custody of the petitioner would not serve any fruitful purpose.
[2025:RJ-JP:5222] (2 of 3) [CRLMB-1318/2025]
3. Learned Public Prosecutor opposes the submissions made by 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 alleged recovered contraband is below commercial quantity; absence of criminal antecedents of the petitioner; period of custody, but without commenting anything on the merits/demerits of the case, I deem it fit and proper to allow these bail applications.
6. The bail application is accordingly allowed and it is directed that accused-petitioner Shivam Kumar S/o Shri Rajesh 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.
8. 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.
[2025:RJ-JP:5222] (3 of 3) [CRLMB-1318/2025]
9. Concerned SHO is directed to maintain a register recording the attendance of the petitioner. In case the petitioner fails to mark his presence in the concerned police station, the concerned SHO is directed to immediately report the matter to the concerned Court in this regard.
(ANIL KUMAR UPMAN),J LALIT MOHAN /273