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2026 DAILYLAW 20795 (RAJ)

MAHAVEER DAS S/O GULABDAS v. STATE OF RAJASTHAN

CRLMB/17039/2025 · 2026-01-08

Anil Kumar Upman

body2026

Judgment text

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[2026:RJ-JP:579] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous II Bail Application No. 17039/2025 Mahaveer Das S/o Gulabdas, Aged About 36 Years, R/o Asop Police Station Asop, District Jodhpur Rural (Raj.) (Presently Confined At Sub Jail Bhawani Mandi District Jhalawar). ----Accused-Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Rajvver Gurjar, Adv., with Ms. Saroj Singh, Adv. For Respondent(s) : Mr. Amit Punia, Adv. HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 08/01/2026 1. This second bail application has been filed under Section 483 of BNSS on behalf of the petitioner, who has been arrested in connection with FIR No.254/2025 registered at Police Station Bhawani Mandi, District Jhalawar for the offences punishable under Sections 8/15 and 8/29 of NDPS Act. After completion of the investigation, police filed charge-sheet in this matter. 2. Learned counsel for the petitioner submits that first bail application of the petitioner was dismissed on merit vide order dated 29.08.2025. 3. It is contended by learned counsel for the petitioner that the accused-petitioner has falsely been implicated in this case. He submits that admittedly, no contraband has been recovered from the possession of the petitioner. He further submits that according to the possession case, contraband has been recovered from the [2026:RJ-JP:579] (2 of 3) [CRLMB-17039/2025] possession of the co-accused was to be delivered to the petitioner. He argues that there are no criminal antecedents against the petitioner and trial of the case will take considerable time in its conclusion. He contends that the petitioner is in custody since 05.06.2025 and further custody of the petitioner would not serve any fruitful purpose. 4. Learned Public Prosecutor opposes the submissions made by the learned counsel for the petitioner. 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 petitioner, especially the fact that no contraband has been recovered from the possession of the petitioner; absence of criminal antecedents; filing of charge-sheet and trial will take time in its conclusion as well as looking to the period of custody, but without commenting anything on the merits/demerits of the case, I deem it proper to allow this second bail application. 7. This second bail application is accordingly allowed and it is directed that accused-petitioner- Mahaveer Das S/o Gulabdas shall be released on bail provided, he furnishes a personal bond in the sum of Rs.1,00,000/- (Rupees One Lakh Only) together with two sureties in the sum of Rs.50,000/- (Rupees Fifty 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. 8. It is made clear that the accused-petitioner shall not involve [2026:RJ-JP:579] (3 of 3) [CRLMB-17039/2025] 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. 9. Concerned SHO shall record the presence of the petitioner in Roznamcha. 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. 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 him by this Court. 11. Office is directed to send a copy of this order to the concerned SHO for necessary compliance. 12. The observation made hereinabove 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 MADAN/38