Rajasthan High Court – Jodhpur
Subhash Chandra vs State Of Rajasthan (2025:Rj-Jd:27009) on 12 June, 2025
[2025:RJ-JD:27009]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 6178/2025
Subhash Chandra S/o Puranmal, Aged About 45 Years, R/o
Galad, Police Station Sidhmukh District Churu. (At Present
Lodged In Sub Jail, Rajgarh)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Surendra Bana
For Respondent(s) : Mr. Urja Ram Kalbi, P.P.
HON'BLE MR. JUSTICE SUNIL BENIWAL (VACATION JUDGE)
Order
12/06/2025
1. This application for bail under Section 483 BNSS (Section
439 Cr.P.C.) has been filed by the petitioner who has been
arrested in connection with F.I.R. No.108/2025 registered at Police
Station Rajgarh, District Churu for offences under Sections 8/22,
29 of the NDPS Act.
2. Heard learned counsel for the petitioner and learned Public
Prosecutor. Perused the material available on record.
3. Learned counsel for the petitioner submits that the
contraband recovered in the present case is of below commercial
quantity, therefore, provisions of Section 37 of the NDPS Act are
not attracted. No case of similar nature is pending against the
present petitioner. Learned counsel for the petitioner further
submits that the co-accused Gemu @ Rahul (Bail Application
No.4448/2025) has already been enlarged on bail by this Court
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vide order dated 22.04.2025 and the case of the present
petitioner is not distinguishable from the case of the co-accused
Gemu @ Rahul.
3.1. Lastly, learned counsel for the petitioner submitted that the
petitioner is in judicial custody since 20.04.2025 and the trial of
the case will take sufficiently long time to be concluded, therefore,
the benefit of bail may be granted to the accused-petitioner.
4. Per contra, learned Public Prosecutor has vehemently
opposed the bail application, however, he was in a position to
dispute the fact that the co-accused Gemu @ Rahul (Bail
Application No.4448/2025) has already been enlarged on bail by
this Court vide order dated 22.04.2025 and the case of the
present petitioner is not distinguishable from the case of the co-
accused Gemu @ Rahul.
5. 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.
6. Consequently, the bail application under Section 483 BNSS
(Section 439 Cr.P.C.) is allowed. It is ordered that the accused-
petitioner Subhash Chandra S/o Puranmal arrested in
connection with F.I.R. No.108/2025 registered at Police Station
Rajgarh, District Churu, 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
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court on each & every date of hearing and whenever called upon
to do so till completion of the trial.
(SUNIL BENIWAL (VACATION JUDGE)),J
192-AnilKC/-
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