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2025 DAILYLAW 7615 (RAJ)

SURESH CHAND S/O SHRI DHANARAM v. STATE OF RAJASTHAN

CRLMB/2469/2025 · 2025-02-24

Praveer Bhatnagar

body2025

Judgment text

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[2025:RJ-JP:8335] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 2469/2025 Suresh Chand S/o Shri Dhanaram, Aged About 52 Years, R/o Village Bishanpura Sainthal, P.s. Sainthal, District Dausa, Rajasthan (Presently Lodged At District Jail, Dausa). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Parth Sharma, Adv. for Mr. Sudhir Jain, Adv. For Respondent(s) : Mr. Shree Ram Dhakar, PP HON'BLE MR. JUSTICE PRAVEER BHATNAGAR Order 24/02/2025 1. The instant bail application has been filed under Section 483 B.N.S.S. on behalf of accused-petitioner. The petitioner has been arrested in connection with FIR No.99/2024 registered at Police Station Sainthal, District Dausa for the offence(s) under Sections 8/20 & 8/15 of NDPS Act. 2. Learned counsel for the accused-petitioner submits that the accused-petitioner has falsely been implicated in this case. It is contended that the contraband articles containing weight 244 grams of “ganja” and 1 Kg 162 grams of “poppy straw” were recovered from the possession of the other co-accused Jagdish, who has already been enlarged on bail vide order dated 29.11.2024. The accused-petitioner was not found at the place of occurrence. It is alleged against the accused-petitioner that he [2025:RJ-JP:8335] (2 of 3) [CRLMB-2469/2025] fled away from the place of occurrence, apart from two criminal cases, there are no other criminal case pending against the accused-petitioner. The accused-petitioner is in custody since 29.01.2024, charge-sheet has already been produced before the concerned Court and the trial of the case may take considerable time, therefore, the bail application of the accused-petitioner may be allowed. 3. Learned Public Prosecutor vehemently opposes the bail application and contended that from the possession of the other co-accused the aforesaid quantity of contraband articles were recovered and name of the petitioner was also disclosed by the other co-accused Jagdish, the accused-petitioner fled away from the place of occurrence. The accused-petitioner was found to be involved in three criminal cases out of these three cases, one pertains to N.D.P.S. Act, the accused-petitioner is habitual offender, therefore, the bail application of the accused-petitioner may be dismissed. 4. Heard and perused the material available on record. 5. Considering the fact that said quantity of “ganja” and “poppy straw” recovered from the other co-accused is below commercial quantity. The other co-accused has already been enlarged on bail and charge-sheet has already been produced before the concerned Court and the trial/investigation of the case may take considerable time, without expressing anything on the merits of the case, I deem it just and proper to enlarge the accused- petitioner on bail. 6. Accordingly, the bail application under Section 483 B.N.S.S. is allowed and it is ordered that the accused-petitioner-Suresh [2025:RJ-JP:8335] (3 of 3) [CRLMB-2469/2025] Chand S/o Shri Dhanaram, in connection with FIR No.99/2024 registered at Police Station Sainthal, District Dausa, shall be enlarged on bail provided he furnishes a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge. 7. The accused is also directed to mark his presence on 25th of every month till conclusion of trial before the concerned police station. The SHO of the concerned police station shall send the presence report of the accused petitioner to the trial court every month. In case of any breach to the above condition, the learned Public Prosecutor shall be free to move the application against the petitioner for cancellation of the bail before the concerned Court. (PRAVEER BHATNAGAR),J Ashwani Kr Srivastava /-71