PRAMOD SHARMA S/O SHRI SULTAN v. STATE OF RAJASTHAN
CRLMB/1973/2025 · 2025-02-10
Anil Kumar Upman
body2025
DailyLaw.ai
[ 2025 DAILYLAW 6213 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 6213 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:5793] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 1841/2025 Gajendra Singh S/o Shri Jandel Singh, Aged About 31 Years, R/o Gadi Gajpura, Police Station Badi, Sadar Dholpur At Present Leela Vihar Colony, Kainthri Resort Ke Peeche Police Station Nihalganj Dholpur. (At Present Confined In District Jail, Dholpur). ----Accused-Petitioner Versus State Of Rajasthan, Through PP ----Respondent Connected With S.B. Criminal Miscellaneous Bail Application No. 1973/2025 Pramod Sharma S/o Shri Sultan, Aged About 34 Years, R/o Ganj Rampur, Police Station Road, Morena (M.P.) (At Present Confined In District Jail, Dholpur). ----Accused-Petitioner Versus State Of Rajasthan, Through PP ----Respondent S.B. Criminal Miscellaneous Bail Application No. 2176/2025 Braj @ Brajraj S/o Shri Kishan Singh, R/o Barailapura, Moroli, Police Station Kotwali, Dholpur District Dholpur. (Accused Petitioner In Judicial Custody In District Jail Dholpur) ----Accused-Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Dushyant Jain, Adv, and Mr. Sumit Kumar Jain, Adv. For Respondent(s) : Ms. Arti Sharma, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN
Order 10/02/2025
1. These instant bail applications have been filed under Section 483 of BNSS on behalf of the petitioners, who have been arrested in connection with FIR No.51/2025, registered at Police Station
[2025:RJ-JP:5793] (2 of 3) [CRLMB-1841/2025] Kotwali Dholpur, District Dholpur for the offences punishable under Sections 8/20 of NDPS Act.
2. It is contended by learned counsel for the petitioners that petitioners have falsely been implicated in this case. According to the prosecution case, petitioners – Braj @ Brajraj and Gajendra Singh were found in possession of contraband ganja (1.300 kgs and 1.50 kgs respectively). They submit that alleged recovered quantity of contraband is marginally above the small quantity. They further submit that no recovery has been made from petitioner – Pramod Sharma and he has been made accused in this case solely on the basis of interrogation of accused-petitioners – Brajraj and Gajendra Singh. They contend that trial of the case will take considerable time. They argue that the petitioners are in custody since 24.01.2025 and further custody of the petitioners would not serve any fruitful purpose.
3. Learned Public Prosecutor opposes the submissions made by the learned counsel for the petitioners.
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 petitioners, especially the fact that alleged recovered quantity of contraband is marginally above the small quantity and trial will take time in its conclusion as well as looking to the custody period, but without commenting anything on the merits/demerits of the case, I deem it proper to allow these bail applications.
[2025:RJ-JP:5793] (3 of 3) [CRLMB-1841/2025]
6. These bail applications are accordingly allowed and it is
directed that accused-petitioners – 1. Gajendra Singh S/o Shri Jandel Singh, 2. Pramod Sharma S/o Shri Sultan and 3. Braj @ Brajraj S/o Shri Kishan Singh shall be released on bail provided, each of them 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 each of them 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-petitioners shall not involve in any other offence(s) during currency of the bail and they shall mark their 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 petitioners, as directed above. In case the petitioners fail to mark their presence in the concerned police 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 them by this Court.
(ANIL KUMAR UPMAN),J MADAN/197-198 & S-310