Rajasthan High Court – Jodhpur
Anoopa Ram vs State Of Rajasthan (2025:Rj-Jd:27174) on 16 June, 2025
[2025:RJ-JD:27174]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 3542/2025
Anoopa Ram S/o Shri Farsa Ram, Aged About 33 Years, R/o
Vadiya Ki Dhani, Korna, Mandali Police Station, District - Balotra.
(Lodged In Sub Jail, Bhinmal)
----Petitioner
Versus
State Of Rajasthan, Through Public Prosecutor
----Respondent
For Petitioner(s) : Mr. R.S. Chouhan for Mr. Vijay Raj
Bishnoi
For Respondent(s) : Mr. Deepak Choudhary, Government
Advocate-cum-Additional Advocate
General
Mr. Ramesh Dewasi, Public Prosecutor
HON'BLE MR. JUSTICE CHANDRA PRAKASH SHRIMALI
(VACATION JUDGE)
Order
16/06/2025
This application for bail under Section 483 of BNSS (439
Cr.P.C.) has been filed by the petitioner who has been arrested in
connection with F.I.R. No.31/2020, registered at Police Station
Ramseen, District – Jalore for offence under Section 8/15 of the
NDPS Act and Sections 411, 420 & 483 of the IPC.
Heard learned counsel for the petitioner and the learned
Public Prosecutor. Perused the material available on record.
Learned counsel for the petitioner submitted that as per the
case of the prosecution, on 29.03.2020 during patrolling at
Kalandri Tiraha, Ramseen, at about 00.28 am, one Isuzu D-Max
trolla without having any registration number, was given signal to
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stop but the trolla driver drove away the trolla. The police chased
the trolla. Said trolla got punctured and two persons came out of
it and fled away from the spot. On checking the aforesaid trolla,
383.700 kg illegal narcotic contraband Doda Post in 19 Kattas
were recovered. The engine number and chasiss number of the
aforesaid Trolla were illegible and rubbed. During investigation,
the co-accused Dinesh Kumar was arrested.
Learned counsel for the petitioner argued that accused-
petitioner has been falsely implicated in the present case. He
submitted that there are no direct evidence available on record
against the present petitioner. He further submitted that co-
accused Dinesh Kumar has already been enlarged on bail by a
Coordinate Bench of this Court vide order dated 14.11.2024,
passed in S.B. Criminal Misc. 2nd Bail Application No.12717/2024.
Learned counsel for the petitioner further submitted that the
challan has been filed in the present case and the accused is in
judicial custody since 19.02.2025 and the trial of the case will take
sufficiently long time, therefore, the accused-petitioner may be
enlarged on bail.
Per contra, learned Public Prosecutor vehemently opposed
the bail application and submitted that accused has committed a
serious crime under the NDPS Act. Learned Public prosecutor
During investigation, on CCTV footage analysis, call location and
on BTS Data analysis, mobile number 9610930800 was found to
be suspicious. The said mobile number belonged to the accused-
petitioner Anoopa Ram. And the involvement of Anoopa Ram in
the present case was found. Said Anoopa Ram remained
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absconded and therefore, investigation against him were kept
pending under Section 173(8) of Cr.P.C. On the secret information,
it was revealed that Sohan Ram, the brother of Anooparam
(present petitioner) filed a representation, which was analysised
and it was found that the said vehicle was used to driven by
Dinesh Kumar and the recovered contraband belong to Dinesh
Kumar. Both the accused are involved in illegal sale/purchase and
transporting of narcotic contraband. Therefore, he prayed that
looking to the gravity of the offence, benefit of bail may not be
extended to the petitioner.
In this case, there are no direct evidence against the
accused-petitioner. Present petitioner was arrested when Sohan
Ram, the brother of Anooparam (present petitioner) filed a
representation, which was analysised and it was found that the
said vehicle was used by Dinesh Kumar who was the driver of the
vehicle and the recovered contraband belong to Dinesh Kumar. As
per the statement of Sohan Ram, during lockdown Anooparam had
to come to his house and as there were no means of transport,
Anooparam took a lift in the Isuzu D-Max trolla, driven by Dinesh
Kumar. Co-accused Dinesh has already been enlarged on bail by a
Coordinate Bench of this Court.
Having considered the rival submissions, facts and
circumstances of the case, without expressing any opinion on
merits/demerits of the case, this Court is inclined to enlarge the
petitioner on bail.
Consequently, the bail application under Section 483 of BNSS
(439 Cr.P.C.) is allowed. It is ordered that the accused-petitioner
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Anoopa Ram S/o Shri Farsa Ram, arrested in connection with
F.I.R. No.31/2020, registered at Police Station Ramseen, District
– Jalore, shall be released on bail, if not wanted in any other case,
provided he 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 his appearance before that court on each & every date
of hearing and whenever called upon to do so till completion of the
trial.
(CHANDRA PRAKASH SHRIMALI),VJ
54-Ramesh Goyal, P.S./-
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