Rajasthan High Court – Jodhpur
Shivlal vs State Of Rajasthan (2025:Rj-Jd:30504) on 12 July, 2025
Author: Nupur Bhati
Bench: Nupur Bhati
[2025:RJ-JD:30504]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 7961/2025
Gopalram S/o Budharam, Aged About 44 Years, R/o Mundasar
P.s Sribalaji District Nagour (Lodged In Dist. Jail Bikaner)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
Connected With
S.B. Criminal Miscellaneous Bail Application No. 7453/2025
Shivlal S/o Gordhanram, Aged About 38 Years, R/o Godaro Ki
Dhaniya Charkada P.s. Nokha District Bikaner (Presently Lodged
In Central Jail Bikaner)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Mangilal Vishnoi
For Respondent(s) : Mr. Prem Singh Panwar, PP
HON'BLE DR. JUSTICE NUPUR BHATI
Order
12/07/2025
SBCRLMB No.7453/2025:
1. Learned counsel for the petitioner does not want to press the
instant bail application, however, seeks liberty to renew the prayer
after statement of Seizure Officer is recorded.
2. Accordingly, the instant bail application stands dismissed as
not pressed with the aforesaid liberty.
SBCRLMB No.7961/2025:
1. The instant bail application has been filed by the petitioner
under Section 483 BNSS who has been arrested in connection with
the FIR No.504/2024 dated 06.09.2024 registered at the Police
(Downloaded on 12/07/2025 at 05:32:19 PM)
[2025:RJ-JD:30504] (2 of 3) [CRLMB-7961/2025]Station Nokha District Bikaner for the offences under Sections
2. Prosecution’s case is that on 05.09.2024, police team of
Police Station Nokha District Bikaner were patrolling and when
they reached somewhere around Lilkada, the accused Ameda Ram
and Shivlal were coming on a motorcycle carrying one plastic sack
and 5 jute sacks. When the police team found them suspicious,
they searched them and found 80 Kg. 425 gms. of Poppy Husk.
The accused were arrested on the spot.
3. Learned counsel for the petitioner submits that the petitioner
has been falsely implicated in this case merely upon disclosure
information of the accused Shivlal that the contraband in question
has been purchased from the petitioner. He further submits that
the charge-sheet has been filed against the petitioner and there is
no recovery due against him. He also submits that there is no
evidence available on record in order to corroborate the fact that
the petitioner has committed the said offence. He also submits
that the accused viz. Vikram and Ameda Ram have already been
enlarged on bail by the Coordinate Benches vide orders dated
03.03.2025 (SBCRLMB No.1485/2025) and 21.09.2024 and thus,
the petitioner also deserves to be released on bail.
4. Per contra, learned Public Prosecutor opposes the bail
application, however, is not in a position to refute the fact that the
petitioner has been implicated in this case merely on the basis of
the disclosure information given by the accused Shivlal, the fact
that there is no recovery due against the petitioner, the fact that
the charge-sheet has been filed against the petitioner and the fact
that the co-accused Vikram and Ameda Ram have also been
enlarged on bail by the Coordinate Bench.
(Downloaded on 12/07/2025 at 05:32:19 PM)
[2025:RJ-JD:30504] (3 of 3) [CRLMB-7961/2025]
5. Having considered the submissions advanced at Bar by
learned counsel for the parties and having regard to the entirety
of facts and circumstances of the case as available on record; and
looking to the fact that trial may take a long time to conclude and,
without expressing any opinion on the merits/demerits of the
case, this Court deems it fit to enlarge the petitioner on bail.
6. Consequently, the bail application is allowed. It is ordered
that the accused petitioner Gopalram S/o Budharam arrested in
connection with FIR No.504/2024 dated 06.09.2024 registered at
the Police Station Nokha District Bikaner shall be released on bail;
provided he furnishes a personal bond in the sum of Rs.50,000/-
and two sureties of Rs.25,000/- each to the satisfaction of the
learned trial Court, with a stipulation to appear before that Court
on all dates of hearing and as and when called upon to do so.
(DR. NUPUR BHATI),J
52-53-/Devesh/-
(Downloaded on 12/07/2025 at 05:32:19 PM)
Powered by TCPDF (www.tcpdf.org)