Rajasthan High Court – Jodhpur
Hanuman Sen vs State Of Rajasthan (2025:Rj-Jd:27308) on 17 June, 2025
[2025:RJ-JD:27308]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 14742/2024
Hanuman Sen S/o Babulal, Aged About 28 Years, R/o Village
Tyagi Ji Ki Bagicghi, Rathori Kuwa, Police Station Kotwali, District
Nagaur(Raj.).
(Presently Lodged At Dist Jail, Nagaur)
----Petitioner
Versus
State of Rajasthan, Through P.P.
----Respondent
For Petitioner(s) : Mr. J.S. Choudhary, Sr. Advocate
assisted by Mr. Pradeep Choudhary
For Respondent(s) : Mr. Hanuman Prajapati, Public
Prosecutor
HON'BLE MR. JUSTICE CHANDRA PRAKASH SHRIMALI
(VACATION JUDGE)
Order
17/06/2025
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.246/2024 registered at Police Station
Kotwali Nagaur, District Nagaur for the offences under Sections
8/21, 8/25 & 8/29 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
narcotic contrabands which have been recovered from co-accused
Ramprakash, Surendra and Ramniwas in this matter are below
commercial quantity. He further submitted that no recovery has
been effected from the present petitioner and the present
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petitioner has been enroped in this case as the co-accused have
stated that they have purchased the illegal contraband from Hari
Ram Sen and Jai Singh. During investigation, the name of the
present petitioner was added on the statement of co-accused
Ramprakash. The name of the present petitioner was not
mentioned in the FIR itself but just to favour one individual, the
Investigating Authority added the name of the petitioner.
Learned counsel for the petitioner further submitted that the
co-accused Ramniwas has already been enlarged on bail by this
Court vide order dated 08.04.2025 passed in S.B. Criminal Misc.
Bail Application No.4026/2025.
Learned counsel for the petitioner has submitted that the
charge-sheet has been filed in this matter and the petitioner is in
judicial custody since 10.06.2024 and the trial of the case will take
sufficiently long time, therefore, the benefit of bail may be granted
to the accused-petitioner.
Per contra, learned Public Prosecutor has vehemently
opposed the bail application.
Having considered the rival submissions, facts and
circumstances of the case; considering that the co-accused
Ramniwas has already been enlarged on bail; 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
Hanuman Sen S/o Babulal arrested in connection with F.I.R.
No.246/2024, registered at Police Station Kotwali Nagaur, District
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Nagaur, 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
213-Ravi Khandelwal
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