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2025 DAILYLAW 5855 (RAJ)

BHAGIRATH RAM S/O SHRI BAGATARAM v. THE STATE OF RAJASTHAN

CRLMB/1741/2025 · 2025-03-06

Praveer Bhatnagar

body2025

Judgment text

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[2025:RJ-JP:10246] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 1741/2025 Bhagirath Ram S/o Shri Bagataram, Aged About 42 Years, R/o Khudala, Police Station Jhanwar, District Jodhpur Commissionerate (Raj.) (At Present Confined In Sub-Jail, Beawar) ----Petitioner Versus The State Of Rajasthan, Through P.p ----Respondent For Petitioner(s) : Mr. Shantanu Bansal For Respondent(s) : Mr. Manvendra Singh, PP HON'BLE MR. JUSTICE PRAVEER BHATNAGAR Order 06/03/2025 The instant bail application has been filed under Section 483 BNSS on behalf of accused-petitioner. The petitioner has been arrested in connection with FIR No. 422/2024 registered at Police Station Beawar Sadar, District Beawar for the offence(s) under Section 8/15 of NDPS Act. Learned counsel for the petitioner submits that the accused- petitioner has falsely been implicated in this case. It is argued that contraband articles containing 47kg of poppystraw were recovered from the abandoned car bearing registration No. RJ-14-NC-8920. The accused-petitioner was not found in the car at that time. The petitioner was later on arrested in another case and on the information furnished in that case he has been implicated. The accused petitioner is in custody since long and the trial/investigation of the case will take considerable time. [2025:RJ-JP:10246] (2 of 2) [CRLMB-1741/2025] Therefore, the benefit of bail may be granted to the accused- petitioner. Per contra, learned Public Prosecutor opposes the bail application. It is contended that after investigation it was found that petitioner is the owner of the said vehicle and from the said vehicle approximately 47KG of poppystraw was effected, furthermore petitioner is a habitual offender and was found to be involved in two other cases of NDPS Act, therefore the bail application of the accused petitioner deserves to be dismissed. Heard and perused the material available on the record. Factual report shows that said quantity of contraband articles containing 47kg of poppystraw were recovered from an abandoned car bearing registration No. RJ-14-NC-8920, after investigation it was found that vehicle is registered in the name of present petitioner and the present petitioner did not make any endeavour to claim the vehicle. The petitioner is also found to be involved in two similar nature of case, therefore considering the above facts, this court is not inclined to enlarge the accused petitioner on bail. Accordingly, instant bail application is hereby dismissed. (PRAVEER BHATNAGAR),J ashu /214