Allowed

Sanwarmal Alias Sanwra S/O Kalulal v. State of Rajasthan

Rajasthan HC14 May 2025/5810/2025

Case brief

AI extract

What is this about?

Second bail applications under Section 483 BNSS for NDPS offences (Sections 8/15, 8/25, 8/29) arising from FIR No.382/2023. Investigation complete, charge-sheet filed, contraband not recovered from petitioners' conscious possession. Bail granted on parity with co-accused Manoj Kumar already released on bail.

What did the court decide?

Both second bail applications allowed; accused-petitioners to be released on bail on personal bond of Rs.50,000/- with two sureties of Rs.25,000/- each, subject to conditions.

Sanwarmal Alias Sanwra S/O Kalulal Vs State of Rajasthan — Narcotics (NDPS) | Rajasthan HC (2025)

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[2025:RJ-JP:20404]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous IInd Bail Application No. 5809/2025

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Shankarlal S/o Kalyan, Aged About 47 Years, R/o Khanpuriya Police Station Ghatoli District Jhalawar(Raj) (At Present Confined Sub District Jail Aklera District Jhalawar(Raj)

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----Petitioner

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Versus

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State Of Rajasthan, Through PP

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----Respondent

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Connected With

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S.B. Criminal Miscellaneous IInd Bail Application No. 5810/2025 Sanwarmal Alias Sanwra S/o Kalulal, Aged About 35 Years, R/o Semli Jagir Police Station Kamkhera District Jhalawar(Raj) (At Present Confined In Sub District Jail Aklera District Jhalawar(Raj)

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----Petitioner

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Versus

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State Of Rajasthan, Through PP

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----Respondent

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For Petitioner(s) : Mr. Rohit Khandelwal For Respondent(s) : Mr. Tapesh Agarwal, PP

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HON'BLE MR. JUSTICE SUDESH BANSAL

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Order

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14/05/2025

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These second bail applications have been filed by the petitioners under Section 483 of the B.N.S.S. in connection with FIR No.382/2023 registered at Police Station Manohar Thana, District Jhalawar for offence(s) under Sections 8/15, 8/25 & 8/29 of the NDPS Act.

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Counsel for petitioners submits that petitioners have falsely been implicated in the present case on the basis of information

[2025:RJ-JP:20404]

[CRLMB-5809/2025]

(2 of 3)

divulged by co-accused Manoj Kumar; the contraband was not recovered from the possession of petitioners; investigation in the present case has completed and charge-sheet has been filed and there are no criminal antecedents of petitioners for the similar nature of offence; co-accused Manoj Kumar has already released on bail by this Court vide order dated 16.01.2025 in S.B. Criminal Misc. IInd Bail Application No. 15630/2024. Hence, petitioners be also released on bail during course of trial.

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Learned Public Prosecutor has opposed the bail applications, however, does not dispute that the petitioners have been implicated in the present case with the aid of Section 29 of the NDPS Act and contraband was not recovered from the conscious possession of petitioners.

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Having heard counsel for petitioners and learned Public Prosecutor and perused the material available on record, taking into consideration the facts and circumstances of the present case and the fact that investigation has been completed and chargesheet has been filed; co-accused Manoj Kumar has already released on bail by this Court vide order dated 16.01.2025 in S.B. Criminal Misc. IInd Bail Application No. 15630/2024, hence, on the ground of parity, but without commenting on merits of the case, this Court deems it just and proper to release petitioners on bail. 5. Accordingly, both second bail applications are allowed and it is ordered that accused-petitioners 1. Shankarlal S/o Kalyan & 2. Sanwarmal Alias Sanwra S/o Kalulal shall be released on bail provided, each of them furnishes a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the

(3 of 3)

[CRLMB-5809/2025]

[2025:RJ-JP:20404]

satisfaction of the learned trial Judge for their appearance before the Court concerned on all the dates of hearing as and when called upon to do so.

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However, in addition to the usual terms and conditions, it is

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hereby directed that:

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(i) Accused-petitioners shall not induce or influence or temper with any prosecution evidence/witness.

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(ii) Accused-petitioners shall not repeat the similar nature of offence.

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(iii) In case, accused-petitioners are found involved in similar offences, during bail granted by this Court or breach of conditions is reported or comes to the notice of the Court, the same shall be a reason for the trial Court to cancel the bail, granted by this Court.

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(SUDESH BANSAL),J

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NITIN /31-32

Sanwarmal Alias Sanwra S/O Kalulal v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Sanwarmal Alias Sanwra S/O Kalulal v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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