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Rajasthan High Court – Jodhpur
Hanumanaram Alias Hadmanaram vs State Of Rajasthan on 21 May, 2025
[2025:RJ-JD:23860]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 3995/2025
Hanumanaram @ Hadmanaram S/o Loonaram, Aged About 50
Years, R/o Barthal Bhakhari, Police Station Osian, At Present
House No. 352, Indra Colony, Near Water Tank, Mahamandir,
Jodhpur.
(Present Lodged In District Jail, Phalodi)
----Petitioner
Versus
State Of Rajasthan, Through Public Prosecutor
----Respondent
For Petitioner(s) : Mr. Zeeshan Ali
Mr. Aslam Khan
For Respondent(s) : Mr. Hathi Singh Jodha, Public
Prosecutor
HON'BLE MR. JUSTICE CHANDRA PRAKASH SHRIMALI
Order
Order reserved on : 16/05/2025
Order pronounced on : 21/05/2025
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.16/2023, registered at Police Station
Bhojasar, District – Jodhpur Rural for offences under Sections 8/15
& 29 of the NDPS Act and Section 411 of the IPC.
Heard learned counsel for the petitioner and the learned
Public Prosecutor. Perused the material available on record.
As per the story of the prosecution, illegal narcotic
contraband weighing 150.97 kg Doda Post has been recovered
form the Bada/shed adjacent to the house of the co-accused
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Sharwan. The allegation against the accused-petitioner
Hanumanaram @ Hadmanaram is of supplying the illegal
contraband to co-accused Sharwan. At the time of raid two
persons were found sitting in a fortuner car in the field of
Shrawan. The allegations against them are of recce. They
disclosed their names as Ramnarayan and Rohitash. Accused-
petitioner Hanumanaram @ Hadmanaram and co-accused
Sharwan were found present in the Bara of the house of Sharwan
after seeing the police party they fled away from the spot. They
were identified by the co-accused Ramnarayan and Rohitash. Co-
accused Ramnarayan and Rohitash were arrested on the spot.
Accused Shrawan was arrested later on.
Learned counsel for the petitioner submitted that co-accused
Sharwan from whose Bara adjacent to the house, the narcotic
contraband was recovered, has been enlarged on bail by a
Coordinate Bench of this Court vide order dated 21.03.2025,
passed in S.B. Criminal Misc. Bail Application No.11993/2024. The
case of the present petitioner is not distinguishable than that of
the co-accused Sharwan who has been enlarged on bail.
He further submitted that co-accused Ramnarayan, Rohitash
and Prakash Chand have also been enlarged on bail by a
Coordinate Bench of this Court vide orders dated 05.09.2023 and
16.10.2023, passed in S.B. Criminal Misc. Bail Application
No.3986/2023 and 12925/2023 respectively.
Learned counsel for the petitioner argued that accused-
petitioner has been falsely implicated in the present case. He has
no concern with the alleged recovery. In the present case the
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recovery which has been carried out from an open place, has been
planted.
Learned counsel for the petitioner further submitted that the
accused is in judicial custody since 18.02.2023 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. The petitioner-accused is the
principal accused who supplied the narcotic contraband to the co-
accused Sharwan Kumar and at the time of seizure of narcotic
contraband from the Bara of the house co-accused Sharwan,
present petitioner-accused was also present there who after
seeing the the police party fled away from the spot.
Learned Public Prosecutor further submitted that earlier, the
charge-sheet against the accused Ramnarayan, Rohitash and
Shravan has been filed, whereas the proceedings against the
accused-petitioner Hanumanaram @ Hadmanaram and the co-
accused Prakash Chand, the owner of the escort vehicle HR-23BJ-
0351, were kept pending under Section 173(8) Cr.P.C. Thereafter
charge-sheet against these accused persons has been filed.
Learned Public Prosecutor further submitted that against the
co-accused Shrawan, there is only one case, whereas against the
accused-petitioner Hanumanaram @ Hadmanaram there are 30
other cases pending, out of which 7 cases are of NDPS Act. He is a
habitual offender. Thus, the case of the accused-petitioner
Hanumanaram @ Hadmanaram is different than that of the
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accused Shrawan. Therefore, he prayed that looking to the
gravity of the offence, benefit of bail may not be extended to the
petitioner.
This Court finds that illegal narcotic contraband weighing
150.97 kg Doda Post has been recovered form the Bada/shed
adjacent to the house of the co-accused Sharwan. The allegation
against the accused-petitioner Hanumanaram @ Hadmanaram is
of supplying the illegal contraband to co-accused Sharwan. At the
time of raid, accused-petitioner Hanumanaram @ Hadmanaram
and co-accused Sharwan were found present in the house of
Sharwan and after seeing the police party they ran away from the
spot. The recovered narcotic contraband is above the commercial
quantity. There are 30 other cases pending against the present
petitioner, out of which 7 cases are of NDPS Act. He is a habitual
offender. The case of the present petitioner Hanumanaram @
Hadmanaram is different than that of co-accused Sharawan.
Having regard to the facts and circumstances of the case;
considering that the recovered narcotic contraband is above the
commercial quantity; also considering the fact that there are 30
other cases, pending against the present petitioner, this Court is
not inclined to grant bail to the accused-petitioner.
The bail application is, therefore, rejected at this stage.
(CHANDRA PRAKASH SHRIMALI),J
36-Ramesh Goyal, P.S./-
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