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[2025:RJ-JP:22276] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 2134/2025 Harish S/o Mukanddas, Aged About 32 Years, R/o Chukni, Tehsil Manasa, District Neemuch, Madhyapradesh (Raj.) (At Present Confined In Central Jail Ajmer, Rajasthan) ----Petitioner Versus State Of Rajasthan, Through Public Prosecutor. ----Respondent For Petitioner(s) : Mr. Anirudh Tyagi with Mr. Saurabh Vaishnav For Respondent(s) : Mr. Vivek Sharma, Addl.GA.
HON'BLE MR. JUSTICE MANEESH SHARMA
Order 27/05/2025
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.89/2021 registered at Police Station Vijay Nagar, District Ajmer for the offence punishable under Sections 8 and 18 of of NDPS Act.
2.
Learned counsel for the petitioner submit that petitioner has falsely been implicated in this case and he is in judicial custody since 28.01.2025. He further submits that he has been made accused on the basis of the statement of the co-accused, and there is no direct evidence against the petitioner. He further submits that the trial will take considerable time, further custody of the petitioner would not serve any fruitful purpose. Therefore, the petitioner may be enlarged on bail.
3. Learned Additional Government Advocate has opposed the
submissions made by the learned counsel for the petitioner and submitted that the petitioner is not entitled to be released on bail.
[2025:RJ-JP:22276] (2 of 2) [CRLMB-2134/2025]
4. Heard and considered the contentions made by the learned counsel for the parties and perused the material available on record.
5. Having regard to the totality of the facts and circumstances of the case; considering the arguments advanced by the learned counsel for the petitioner, and also the fact that the petitioner is in judicial custody since 28.01.2025 and he has been made an accused only on the basis of the statement of the co-accused and also considering the fact that both the co-accused namely Prem Kumar and Permeshwar in the present case, have been enlarged on bail by this Court vide order dated 21.03.2024, but without commenting any opinion on the merits/demerits of the case, I deem it fit and proper to allow this bail application.
6. The bail application is accordingly allowed and it is directed that accused-petitioner Harish S/o Mukanddas 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.
(MANEESH SHARMA),J Seema/46