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2025 DAILYLAW 7135 (RAJ)

GAURAV SHARMA S/O SHRI OMPRAKASH v. STATE OF RAJASTHAN

CRLMB/2290/2025 · 2025-02-17

Anil Kumar Upman

body2025

Judgment text

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[2025:RJ-JP:6795] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 2290/2025 Gaurav Sharma S/o Shri Omprakash, Aged About 30 Years, Resident Of House No. 59, Shriram Nagar, Luniyawas, Police Station Kho Nagorian, Jaipur ( At Present Accused Confined In Central Jail Jaipur) ----Petitioner Versus State Of Rajasthan, Through P.p. ----Respondent For Petitioner(s) : Nirmal K. Sharma For Respondent(s) : Ms. Arti Sharma, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 17/02/2025 The instant application seeking interim bail under Section 483 of BNSS has been filed on behalf of the accused petitioner who is in custody in connection with FIR No.670/2024 registered at Police Station Bassi, District Jaipur City (East) for the offence punishable under Section 8/20 of NDPS Act. Learned counsel for the accused petitioner submits that the petitioner has falsely been implicated in this case. He submits that marriage of the sister of the petitioner is going to take place on 20.02.2025 & except his old ailing father, there is no other male member to make arrangements in the marriage. It is submitted that the petitioner filed interim bail application before the learned Special Judge, NDPS Act Cases, Jaipur Metropolitan-I for this purpose. However, vide order dated 03.02.2025, the learned [2025:RJ-JP:6795] (2 of 3) [CRLMB-2290/2025] Special Judge dismissed the application for interim bail & granted permission to the petitioner to attend the marriage function in police custody from 05:00 PM to 10:00 PM on 20.02.2025. Learned counsel urges that the liberty granted by the learned court below in attending the marriage function in police custody would not serve any fruitful purpose rather it would disturb the family function. He thus prays that the petitioner may be granted interim bail till 10.03.2025. Learned Public Prosecution opposes the interim bail application, however, he admits the factum of marriage of the petitioner’s sister which is also evident from the order passed by the learned Special Judge. Considering the overall facts & circumstances of the case & considering the arguments advanced at bar, this Court is of the opinion that the petitioner deserves indulgence of interim bail on humanitarian ground. This bail (interim) application is accordingly allowed and it is directed that accused-petitioner Gaurav Sharma S/o Shri Omprakash shall be released on interim bail till 24.02.2025, 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. The petitioner shall [2025:RJ-JP:6795] (3 of 3) [CRLMB-2290/2025] surrender before the concerned jail authority on 24.02.2025 by 5:00 PM. In case, the petitioner fails to surrender before the jail authority as directed above, learned Public Prosecutor is directed to apprise the Court. With the aforesaid directions this bail application stands disposed of. (ANIL KUMAR UPMAN),J GAUTAM JAIN /56