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Rajasthan High Court – Jodhpur
Jitendra vs State Of Rajasthan (2025:Rj-Jd:32735) on 25 July, 2025
[2025:RJ-JD:32735]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 8433/2025
Jitendra S/o Nagulal, Aged About 25 Years, Resident Of
Nandavda, Police Station Bhavgarh, District Mansore, M.p.
(Lodged In Dist. Jail, Pratapgarh)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
Connected With
S.B. Criminal Miscellaneous Bail Application No. 8434/2025
Smt. Suman W/o Jitendra, Aged About 21 Years, Resident Of
Nandavda, Police Station Bhavgarh, District Mandsore, M.p.
(Lodged In Dist. Jail, Pratapgarh)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. NK Gurjar.
For Respondent(s) : Mr. HS Jodha, PP.
HON'BLE MR. JUSTICE MUKESH RAJPUROHIT
Order
25/07/2025
1. These bail applications for bail under Section 483 of BNSS
(Section 439 Cr.P.C.) has been filed by the petitioners, who have
been arrested in connection with F.I.R. No.44/2025, registered at
Police Station Rathanjana, District Pratapgarh, for the offence
under Sections 331(3), 305(A) & 61 of BNS and Sections 8/18,
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2. Heard learned counsel for the parties and perused the material
available on record.
3. It is contended by learned counsel for the petitioners that the
contraband (opium) recovered from the petitioners is marginally
above the commercial quantity, i.e., 2.520 kilograms, which is just
20 grams more than the threshold commercial quantity of 2.500
kilograms.
4. Learned counsel for the petitioners further submitted that co-
accused Nand Kishore and Smt. Madhu have already been
enlarged on bail by this Court vide orders dated 04.07.2025 and
09.07.2025, respectively.
5. It is further submitted that the petitioners are in judicial
custody since 23.03.2025, have no previous criminal antecedents,
and the charge-sheet has already been filed.
6. Learned counsel for the petitioners has drawn the attention of
this Court to the inventory proceedings prepared by the Additional
Chief Judicial Magistrate, Pratapgarh, on 04.04.2025, wherein the
recovered contraband was recorded as 2.520 kilograms, which is
only marginally above the commercial quantity of 2.500
kilograms.
7. Learned Public Prosecutor has vehemently opposed the bail
application and submitted that the petitioners are involved in
NDPS cases and that the case is not fit for grant of bail.
8. Having considered the rival submissions, the fact that the
petitioners are in custody since 23.03.2025, have no criminal
antecedents, the charge-sheet has already been filed and that the
trial is likely to take a long time to conclude and without
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[2025:RJ-JD:32735] (3 of 3) [CRLMB-8433/2025]
expressing any opinion on the merits or demerits of the case, this
Court is inclined to enlarge the petitioners on bail.
9. Consequently, the bail applications under Section 483 of
BNSS (439 Cr.P.C.) are allowed. It is ordered that the accused-
petitioners 01.Jitendra S/o Nagulal and 02. Smt. Suman W/o
Jitendra arrested in connection with F.I.R. No.44/2025, registered
at Police Station Rathanjana, District Pratapgarh, shall be released
on bail, if not wanted in any other case, provided each of them
furnishes a personal bond of Rs.1,00,000/- and two sureties of
Rs.50,000/- each, to the satisfaction of learned trial court, for
their appearance before that court on each & every date of
hearing and whenever called upon to do so till completion of the
trial.
(MUKESH RAJPUROHIT),J
6-7-Jitender
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