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[2025:RJ-JP:31509] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 1434/2025 Gopal S/o Mevaram, Aged About 24 Years, R/o Dhadadiyon Ka Bas Nand, Police Station Pushkar, District Ajmer (Rajasthan) (At Present Confined In Central Jail, Jaipur, District Jaipur) ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent Connected With S.B. Criminal Miscellaneous Bail Application No. 4952/2025 Mukesh Bajad S/o Chandrabhan, Aged About 29 Years, R/o Bajad Mohalla Nand, Police Station Pushkar, District Ajmer (Rajasthan). (At Present Confined In Central Jail Ajmer, District Ajmer). ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent S.B. Criminal Miscellaneous Bail Application No. 6360/2025 Laxman Chaihan S/o Shri Ramaram, Aged About 24 Years, R/o Bayasa Maharaj Ka Sthan Lesawa, Police Station Pisangan, District Ajmer (Raj.). (At Present Confined In Central Jail Ajmer) ----Petitioner Versus The State Of Rajasthan, Through Its P.p ----Respondent For Petitioner(s) : Ms. Anushree Sharma Mr. Vinay Pal yadav For Respondent(s) : Mr. Shree Ram Dhakar, PP Mr. Om Prakash (SI) P.S. Bhinay IO HON'BLE MR. JUSTICE PRAVEER BHATNAGAR Order 13/08/2025
1. These instant bail applications have been filed under Section 483 BNSS on behalf of accused-petitioners. The accused-
[2025:RJ-JP:31509] (2 of 3) [CRLMB-1434/2025] petitioners have been arrested in connection with FIR No. 235/2024 registered at Police Station Sarwad, District Kekri for the offences under Section 8/15 of NDPS Act. 2. Learned counsels for the accused-petitioners submits that the accused-petitioners have falsely been implicated in this case. They further submit that the contraband articles containing 1,019KG of poppyhusk was recovered from an abandoned vehicle. The petitioners were neither the owner of the said vehicle nor having any control of the said vehicle. There is no substantive evidence available on the record against the petitioners to the fact that they have supplied the contraband article, recovered from the pick-up vehicle to anyone or to the owner of the said vehicle. There is no connecting evidence associating the present petitioners in the alleged crime. The accused-petitioners are in custody since long and the trial of the case may take considerable time. There are no criminal antecedents against the petitioners, therefore, these bail applications of the accused-petitioners may be allowed. 3. Learned Public Prosecutor has vehemently opposed these bail applications. 4. Investigating Officer Mr.
Om Prakash (SI) P.S. Bhinay, is present in person and has informed this court that the petitioner Gopal was in contact with the other co-accused Mukesh through call and Laxman Chaihan escorted the pick-up vehicle with the vehicle bearing No. GJ-06-KP-7212. The investigation has revealed that the said vehicle escorted the pick-up vehicle. Upon asking that whether the alleged vehicle was recovered or detained on the very same day when the pick-up vehicle was seized, the Investigating
[2025:RJ-JP:31509] (3 of 3) [CRLMB-1434/2025] Officer informed the Court that the said escorted vehicle was seized on 14.02.2025. 4. Heard and perused the material available on record. 5. Admittedly, the commercial quantity of poppyhusk was recovered from the abandoned vehicle of which the petitioners were neither the driver nor the owner, petitioners have been implicated in the alleged crime solely on the basis of the call details of the other co-accused namely Mukesh S/o Bhagchand and apart from the call details of Gopal, Mukesh and Laxman alongwith the other co-accused, there is no substantive evidence available on the record associating the petitioners with the alleged crime. The accused-petitioners are in custody since long and the trial of the case may take considerable time. The charge-sheet has already been submitted before the concerned court, without commenting anything on the merits of the case, I deem it just and proper to enlarge the accused-petitioners on bail. 6. Accordingly, these bail applications under Section 483 BNSS are allowed and it is ordered that the accused-petitioners namely:
1. Gopal S/o Mevaram, 2. Mukesh Bajad S/o Chandrabhan,
3. Laxman Chaihan S/o Shri Ramaram, in connection with FIR No. 235/2024 registered at Police Station Sarwad, District Kekri shall be enlarged on bail provided each of them furnish a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge for their appearance before the court concerned on all the dates of hearing and as and when called upon to do so. (PRAVEER BHATNAGAR),J ashu /204-206-207