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[2025:RJ-JP:6119] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 2133/2025
1. Phoolsingh S/o Shri Netram, Aged About 30 Years, R/o Pali Darwaja, Mahua, Police Station Mahua, District Dausa, Rajasthan.
2. Netram S/o Ramsi, Aged About 50 Years, R/o Pali Darwaja, Mahua, Police Station Mahua, District Dausa, Rajasthan. (At Present Confined At District Jail Karauli) ----Petitioners Versus State Of Rajasthan, Through Public Prosecutor. ----Respondent For Petitioner(s) : Mr. Manish Kumar Meena For Respondent(s) : Mr. Jaiprakash Tiwari, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN
Order 12/02/2025
1. Counsel for the petitioners seek withdrawal of this bail application qua accused-petitioner No.2 i.e. Netram S/o Ramsi with liberty to renew the prayer of bail after submission of result of investigation.
2. Permission sought for is granted.
3. Accordingly, this bail application is dismissed as withdrawn qua accused-petitioner No.2 i.e. Netram S/o Ramsi with liberty as prayed for.
4. So far as accused-petitioner No.1 Phoolsingh S/o Shri Netram is concerned, he has preferred the instant bail application under Section 483 of BNSS. He is arrested in connection with FIR No.59/2025 registered at Police Station Nai Mandi Hindaun,
[2025:RJ-JP:6119] (2 of 3) [CRLMB-2133/2025] District Karauli (Rajasthan) for the offences punishable under Sections 8/21 & 8/29 of NDPS Act. Investigation is being conducted for the offences punishable under Sections 8/21 & 8/29 of NDPS Act.
5.
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 No.1 of similar nature. Petitioner is in custody since 30.01.2025 and trial will take considerable time. Further custody of the petitioner would not serve any fruitful purpose.
6. Learned Public Prosecutor opposes the submissions made by counsel for the petitioner No.1.
7. I have considered the contentions.
8. 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 No.1 of similar nature; 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.
9. The bail application is accordingly allowed and it is directed that accused-petitioner No.1 Phoolsingh S/o Shri Netram 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
[2025:RJ-JP:6119] (3 of 3) [CRLMB-2133/2025] 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.
10. It is made clear that the accused-petitioner No.1 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.
11. 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.
12. 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 /208