RAKESH KUMAR MEGHWAL S/O RATANLAL v. STATE OF RAJASTHAN
CRLMB/2245/2025 · 2025-06-25
Ashutosh Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 7127 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 7127 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:23493] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 2245/2025 Rakesh Kumar Meghwal S/o Ratanlal, Aged About 31 Years, R/o Dhanora, District Chittorgarh. ----Accused/Applicant Versus State of Rajasthan, Through P.P. ----Respondent For Applicant(s) : Mr. Vinay Pal Yadav For State : Mr. Rajesh Choudhary, GA-cum-AAG with Mr. Manvendra Choudhary, Dy. G.A. and Mr. Vinod Sharma HON'BLE MR. JUSTICE ASHUTOSH KUMAR (V. J.)
Order 25/06/2025
1. The instant anticipatory bail application has been filed under Section 482 BNSS, 2023 on behalf of the applicant against the
order dated 07.02.2025 passed by learned Additional District & Sessions Judge No.1 Kekri, Ajmer in Bail Application No.20/2025, who is having apprehension of his arrest in connection with FIR No.08/2025 registered at Police Station Borada District Kekri for the offence punishable under Section 8/15 of NDPS Act.
2.
Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. He has been made an accused simply on the basis of disclosure statement of co-accused- Shubham Vaishnav from whose possession the contraband has been recovered. Counsel further submits that custodial interrogation of applicant is not required in this matter. There is
[2025:RJ-JP:23493] (2 of 3) [CRLMB-2245/2025] nothing recovered from the possession of the present applicant. Therefore, the accused-applicant be given benefit of anticipatory bail.
3.
Learned counsel for the applicant has drawn the attention of this Court to the judgment passed by Hon'ble Supreme Court in the case of "Shri Ram @ Siyaram Vs. The State of Rajasthan" (Special Leave Petition (Crl.) No. 16518/2023) decided on 02.04.2024 & also to the order passed by the Co-ordinate Bench of this Court in "S.B. Criminal Misc. Bail Application No.12252/2024" (Ravi Garg @ Ravi Vs. State of Rajasthan) decided on 18.03.2025.
4. Learned GA-cm-AAG while opposing this bail application submits that custodial interrogation of the accused-applicant is required in this matter, therefore, he should not be given benefit of anticipatory bail.
5. Heard learned counsel for the parties and also perused the material available on record.
6. Considering the overall facts and circumstances of the case; the contraband was not recovered from the possession of the present applicant; he has been made an accused on the basis of disclosure statement of co-accused-Shubham Vaishnav from whose possession the contraband has been recovered; but without expressing any opinion on the merits/demerits of the case, this court deems it just and proper to allow this anticipatory bail application.
7. Accordingly, the anticipatory bail application is allowed. The S.H.O/I.O/Arresting Officer, Police Station Borada District Kekri in
[2025:RJ-JP:23493] (3 of 3) [CRLMB-2245/2025] FIR No.08/2025 is directed that in the event of arrest of the applicant-Rakesh Kumar Meghwal S/o Ratanlal, he shall be released on bail, provided he furnishes a personal bond in the sum of Rs.50,000/- with two sureties in the sum of Rs.25,000/- each to the satisfaction of the S.H.O/I.O/Arresting Officer of the concerned Police Station on the following conditions:- (i) that the applicant shall make himself available for interrogation by a police officer as and when required; (ii) that the applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or any police officer, and (iii) that the applicant shall not leave India without previous permission of the court.
(ASHUTOSH KUMAR (V. J.)),J AMIT/MAHIMA/10