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[2025:RJ-JP:10364] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 2814/2025 Rajesh S/o Hubbilal, Aged About 58 Years, R/o Shyam Nagar Colony, Police Station Mathura Gate, Bharatpur (Raj.). (At Present Confined In Central Jail Sewar, Bharatpur). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent Connected With S.B. Criminal Miscellaneous Bail Application No. 3203/2025 Gaurav Sharma S/o Late Shri Hariram, Aged About 55 Years, R/o Paradise Colony, Near Tilak Nagar, Police Station Atalband, Bharatpur, (Rajasthan) (Currently In Central Jail, Bharatpur, Rajasthan). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Rajeev Sogarwal with Mr. Aaditya Joshi & Mr. Lalit Chittoria Mr. Harendra Singh Sinsinwar Mr. Mohanlal For Respondent(s) : Mr. N.S. Dhakar, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN
Order 07/03/2025
1. The instant bail applications have been filed under Section 483 BNSS on behalf of the petitioners, who have been arrested in connection with FIR No.17/2025 registered at Police Station Mathuragate, District Bharatpur (Raj.) for the offence punishable under Section 8/21 of NDPS Act.
[2025:RJ-JP:10364] (2 of 3) [CRLMB-2814/2025]
2.
Learned counsel for the petitioners submit that petitioners have falsely been implicated in this case. Counsel submit that matter pertains to the recovery of 7.10 gms of Smack which is marginally above the small quantity. Counsel submits that charge- sheet has been filed in this matter. Petitioner Rajesh is in custody since 06.01.2025 and petitioner Gaurav Sharma is in custody since 15.02.2025 and trial will take considerable time. Further custody of the petitioners would not serve any fruitful purpose.
3. Learned Public Prosecutor opposes the submissions made by counsel for the petitioners. He submits that there are several other cases have been registered against the petitioners. He further submits that one another case under the NDPS Act has been registered against the petitioner Rajesh and two other cases under the NDPS Act have been registered against the petitioner Gaurav Sharma.
4. At this stage, learned counsel for the petitioner Gaurav Sharma submits that in both cases, petitioner has been acquitted long back.
5. I have considered the contentions.
6. Having regard to the totality of the facts and circumstances of the case; considering the arguments advanced by learned counsel for the petitioners, as also the quantity of alleged recovered contraband; charge-sheet has been filed in this matter; 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.
7. These bail applications are accordingly allowed and it is
directed that accused-petitioners (1) Rajesh S/o Hubbilal & (2)
[2025:RJ-JP:10364] (3 of 3) [CRLMB-2814/2025] Gaurav Sharma S/o Late Shri Hariram shall be released on bail provided each of them 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 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.
8. It is made clear that the accused-petitioners shall not involve in any other offence(s) during currency of the bail and they shall mark their presence on first week of every month in the concerned police station.
9. Concerned SHO is directed to maintain a register recording the attendance of the petitioners. In case the petitioners fail to mark their presence in the concerned police station, the concerned SHO is directed to immediately report the matter to the concerned Court in this regard.
10. 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 them by this Court.
(ANIL KUMAR UPMAN),J LALIT MOHAN /26-27