PRAKASH VISHNOI S/O BABULAL VISHNOI v. STATE OF RAJASTHAN
CRLMB/3046/2025 · 2025-03-03
Anil Kumar Upman
body2025
DailyLaw.ai
[ 2025 DAILYLAW 9150 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 9150 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:9169] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 3046/2025 Prakash Vishnoi S/o Babulal Vishnoi, Aged About 27 Years, R/o Village Sonadi, Teh.-Sedwa, Police Station Sedwa, District Barmer (Raj.) Presently Residing At P. No. 8, Ekta Nagar-F, Police Station Karni Vihar, Jaipur. (At Present Accused Petitioner Confined In Central Jail Jaipur). ----Petitioner Versus State Of Rajasthan, Through Special PP ----Respondent For Petitioner(s) : Mr. Anish Bhadala for Mr. Rajat Singh Solanki For Respondent(s) : Mr. N.S. Dhakar, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN
Order 03/03/2025
1. The instant bail application has been filed under Section 483 of BNSS, on behalf of the petitioner, who has been arrested in connection with FIR No.27/2025 registered at Police Station Karni Vihar, District Jaipur (West) (Raj.) for the offence punishable under Sections 8/22 of NDPS Act.
2. It is contended by learned counsel for the petitioner that the accused-petitioner has falsely been implicated in this case.
Learned counsel submits that no contraband has been recovered from the possession of petitioner. It is submitted that petitioner has been made accused in this case solely on the basis of interrogation/investigation of co-accused persons namely Manohar & Shiv Kumar who were found in possession of contraband.
[2025:RJ-JP:9169] (2 of 3) [CRLMB-3046/2025] Counsel submits that the said co-accused persons have been granted benefit of bail by this court. Trial of the case will take considerable time in its conclusion. Petitioner is in custody since 13.02.2025 and there are no criminal antecedents against him. Further custody of the petitioner would not serve any fruitful purpose.
3. Learned Public Prosecutor opposes the submissions made by
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 both the parties, especially the fact that no contraband has been recovered from the possession of the petitioner and co-accused persons have been granted bail by this court; trial will take time; absence of criminal antecedents 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 the bail application.
6. This bail application is accordingly allowed and it is directed that accused-petitioner - Prakash Vishnoi S/o Babulal Vishnoi, shall be released on bail provided 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 with the stipulation that he 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. It is made clear that the accused-petitioner shall not involve
[2025:RJ-JP:9169] (3 of 3) [CRLMB-3046/2025] in any other offence(s) during currency of the bail and he shall mark his presence in first week of every month in the concerned police station, till trial is concluded.
8. Concerned SHO is directed to maintain a register recording the attendance of the petitioner, as directed above. In case the petitioner fails to mark his 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 him 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 /50