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2025 DAILYLAW 8046 (RAJ)

BHERU SINGH S/O CHANDRA SINGH v. STATE OF RAJASTHAN

CRLMB/2831/2025 · 2025-02-28

Anil Kumar Upman

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2025:RJ-JP:8859] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 964/2025 Shankar Singh S/o Raghu Singh, Aged About 31 Years, R/o Sarangakheda, Police Station Dag, District Jhalawar (Raj.) (At Present Confined In Sub Jail Bhawanimandi District Jhalawar). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent Connected With S.B. Criminal Miscellaneous Bail Application No. 2831/2025 Bheru Singh S/o Chandra Singh, Aged About 35 Years, R/o Mogra, Police Station Bhawani Mandi, District Jhalawar (Raj.) (Presently Confined In Sub Jail At Bhawani Mandi). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. O.P. Jhajhria Mr. Rajendra Singh Tanwar For Respondent(s) : Mr. N.S. Dhakar, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 28/02/2025 1. These instant bail applications have been filed under Section 483 of BNSS on behalf of the petitioners, who have been arrested in connection with FIR No.403/2024 registered at Police Station Bhawanimandi, District Jhalawar for the offence punishable under Section 8/18 of NDPS Act. 2. It is contended by learned counsel for the petitioners that petitioners have falsely been implicated in this case. Learned counsel submit that no contraband has been recovered from the possession of the petitioners and they have been made accused in [2025:RJ-JP:8859] (2 of 3) [CRLMB-964/2025] this case solely on the basis of interrogation/investigation of co- accused person namely- Bane Singh who was found in possession of contraband i.e., opium (2 Kgs 55 grams). It is submitted that the aforementioned co-accused person has been granted benefit of bail by this court vide order dated 03.12.2024. There are no criminal antecedents against petitioner- Bheru Singh and three cases have been registered against petitioner- Shanker Singh & he is on bail in all three cases. Charge-sheet has been filed and trial of the case will take considerable time. Petitioners are in custody since their date of arrest and further custody of the petitioners would not serve any fruitful purpose. 3. Learned Public Prosecutor opposes the submissions made by the learned counsel for the petitioner. 4. I have considered the contentions. 5. Having regard to the totality of the facts and circumstances of the case; considering the arguments advanced by learned counsel for the petitioners, especially the fact that no contraband has been recovered from the possession of the petitioners; co- accused of this case has been granted benefit of bail by this court; trial will take time in its conclusion as well as looking to the custody period, but without commenting anything on the merits/demerits of the case, I deem it proper to allow these bail applications. 6. These bail applications are accordingly allowed and it is directed that accused-petitioners – 1) Shankar Singh S/o Raghu Singh and 2) Bheru Singh S/o Chandra Singh shall be released on bail provided, each of them furnishes a personal bond [2025:RJ-JP:8859] (3 of 3) [CRLMB-964/2025] 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 they 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. 7. However, it is made clear that the petitioners shall not involve in similar offence(s) during currency of bail granted by this Court. The petitioners are further directed to mark their presence in the concerned police station in first week of every month, till trial is concluded. 8. Concerned SHO is directed to maintain a register recording the attendance of the petitioners, as directed above. In case the petitioners fails to mark their presence in the concerned police station, as directed above, the concerned SHO is directed to immediately report the matter to the concerned Court in this regard. 9. If breach of any 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 them by this Court. 10. The observation made herein above is only for decision of the instant bail application and would not have any impact on the trial of the case in any manner. (ANIL KUMAR UPMAN),J GAUTAM JAIN /19-20