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2026 DAILYLAW 319 (RAJ)

RAJU MALI S/O MOOLCHAND v. STATE OF RAJASTHAN

CRLMB/15256/2025 · 2026-03-17

Sameer Jain

body2026

Judgment text

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[2026:RJ-JP:11187] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 15256/2025 Raju Mali S/o Moolchand, Aged About 46 Years, R/o Near Mataji Ka Temple Harijan Basti Sursagar Kota City, P.S. Udyog Nagar Dist. Kota City. (Presently Confined In Sub Jail Kota) ---Accused-Petitioner Versus State Of Rajasthan, Through P.P. ----Respondent For Petitioner(s) : Mr. Amit Dadhich For Respondent(s) : Mr. Vivek Sharma, PP HON'BLE MR. JUSTICE SAMEER JAIN Order 17/03/2026 1. The instant bail application has been filed under Section 483 BNSS on behalf of accused-applicant. The accused-applicant was arrested in connection with FIR No. 212/2025 registered at Police Station Sangod District Kota Rural for the offence(s) under Section 8/20 of NDPS Act. 2. Learned counsel for the applicant has fairly conceded before the Court that there are criminal antecedents approximately 6, of similar nature, registered against the applicant. It is submitted that the contraband as recovered is 2.140 Kgs of ganja which is less than the commercial quantity i.e. 20 Kgs. It is next submitted that the custody period has started from 18.10.2025 and charge- sheet in the instant matter has been filed. 3. Per contra, learned Public Prosecutor has opposed the instant bail application and submitted that the applicant is a social threat. [2026:RJ-JP:11187] (2 of 3) [CRLMB-15256/2025] The criminal antecedents of the accused-applicant are reproduced herein below: Ø-la izdj.k la0 /kkjk Fkkuk vkjksi la0 QSlyk 1- 443@8-12-2014 279]337 Hkknl dS’kojk;ik Vu cwanh 336@22-12- 2014 isafMx dksVZ 2- 65@27-3-2024 8@20]8@29 ,uMhih,l ,DV lqYrkuiqj dksVk 121@01-7-2024 isafMx dksVZ 3- 534@15-09-2024 8@20] ,uMhih,l ,DV m/kksxuxj 412@30-12- 2024 isafMx dksVZ 4- 250@19-5-2024 8@20]8@25 ,uMhih,l ,DV vUrk ckjka 239@13-12- 2024 isafMx dksVZ 5- 373@19-5-2024 8@20]8@29 ,uMhih,l ,DV dksrokyh ckjka 57@05-03-2025 isafMx dksVZ 6- 11@12-01-2025 8@20]8@29 ,uMhih,l ,DV 53@25-03- 2025 lqYrkuiqj dksVk isafMx dksVZ 4. Upon the same, learned counsel for the applicant has submitted that the applicant voluntaries to reform himself and change the place of work and residence for the period of six months from the present place of residence i.e. Kota City. 5. Heard and considered. 6. Having heard the arguments advanced by learned counsel for the parties, considering the fact that the applicant is in custody ever since 18.10.2025; that the contraband as recovered is 2.140 Kgs of ganja which is less than the commercial quantity i.e. 20 Kgs and looking to the overall facts and circumstances of the case and material on record but without commenting on merits/demerits of the case and taking note of the fact that there are as many as six criminal antecedents registered against the applicant; that the applicant is stated to be a threat to the society if he is enlarged on bail and keeping in mind the sacrosanct [2026:RJ-JP:11187] (3 of 3) [CRLMB-15256/2025] objective of Indian criminal reformative system and balancing the equity between right of the liberty, strong criminal antecedents, this Court is inclined to enlarge the accused-applicant on bail with following conditions: 6.1 That the applicant will go for his employment/work and reside 250 kms away from the place of his current residence (i.e. Kota) for a period of six months as the applicant is habitual offender. 6.2 That on every 5th of successive month, applicant will mark attendance before the jurisdictional police station. 6.3 That the concerned SHO of the present place of posting will file cancellation application if the undertaking given by the learned counsel for the applicant is not complied with regard to change of residence for the appropriate period. 7. Accordingly, the bail application under Section 483 BNSS is allowed and it is ordered that accused-applicant Raju Mali S/o Moolchand shall be enlarged on bail provided he furnishes a personal bond of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of learned trial Judge for his appearance before the court concerned on all the dates of hearing as and when called upon to do so. (SAMEER JAIN),J DEEPAK /8