Rajasthan High Court – Jodhpur
Arjun vs State Of Rajasthan (2025:Rj-Jd:27319) on 17 June, 2025
[2025:RJ-JD:27319]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 7125/2025
Arjun S/o Shri Durgashankar Prajapat, Aged About 29 Years, R/o
Khan Khedi Police Station Kakadeshwar District Neemuch (Mp)
(Presently Lodged In District Jail Sriganganagar)
----Petitioner
Versus
State Of Rajasthan, Through PP
----Respondent
For Petitioner(s) : Mr. Ashok Bishnoi
For Respondent(s) : Mr. Narendra Singh Chundawat, PP
HON'BLE MR. JUSTICE CHANDRA PRAKASH SHRIMALI
(VACATION JUDGE)
Order
17/06/2025
This application for bail under Section 483 of BNSS has been
filed by the petitioner who has been arrested in connection with
F.I.R. No.01/2025 registered at Police Station Vivek Vihar, District
Jodhpur for offences under Section 8/15 and 29 of the NDPS Act.
Heard learned counsel for the petitioner and learned Public
Prosecutor. Perused the material available on record.
Learned counsel for the petitioner submitted that the SHO,
Police Station Kudi Bhagtasani received a secret information that
contraband (poppy husk/straw) greater than commercial quantity
was concealed by the co-accused Ramesh S/o Shivlal in an open
place (Bada) near his house. The police acting upon the said
information reached the open place (Bada) situated near the
house of the petitioner and recovered contraband (poppy
husk/straw) weighing 1510.940 kgs. Learned counsel submitted
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that the petitioner has been falsely implicated in the present case
without there being any direct/cicumstantial evidence available on
record indicating his involvement in commission of the alleged
crime. Learned counsel further submits that no recovery of
narcotic contraband was made from the conscious possession of
the petitioner and the co-accused persons namely Satyanarayan
and Mahipal have already been enlarged on bail by a Co-ordinate
Bench of this Court vide orders dated 28.11.2024 and 13.02.2025
passed in S.B. Criminal Misc. Bail Application Nos.10578/2024 and
15438/2024 respectively.
Per contra, learned Public Prosecutor has opposed the bail
application and submitted that since the recovered contraband is
greater than the commercial quantity, the benefit of bail may not
be extended to the petitioner. However, learned Public Prosecutor
does not refute the fact that there are no criminal cases pending
against the present petitiolner.
Having considered the rival submissions, facts and
circumstances of the case; considering that the alleged recovered
narcotic contraband has not been recovered from the active and
conscious possession of the present petitioner; the challan of the
case has already been presented; there are no cases of similar
nature pending against the present petitioner; the co-accused
persons have already been enlarged on bail by a Co-ordinate
Bench of this Court; 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
is allowed. It is ordered that the accused-petitioner Arjun S/o
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Shri Durgashankar Prajapat arrested in connection with F.I.R.
No.01/2025 registered at Police Station Vivek Vihar, District
Jodhpur, 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
128-Mrityunjay Singh Rathore/-
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