Suresh Kumar @ Madhu S/O Moolaram Vs State of Rajasthan

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[2025:RJ-JP:37474]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous Bail Application No. 9881/2025

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Rakesh S/o Dhannalal, R/o Tharol Police Station Aklera District Jhalawar (Raj) (At Present Confined In SubDistrict Jail, Aklera District Jhalawar (Raj)

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Kalulal S/o Ramswaroop, R/o Gangti Police Station Sarthal District Baran (Raj) (At Present Confined In Sub-District Jail, Aklera District Jhalawar (Raj)

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----Petitioners

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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 Bail Application No. 10237/2025 Suresh Kumar @ Madhu S/o Moolaram, R/o Kakot, Police Station Chitawa, District Nagaur (Raj.) (At Present In District Jail, Jhalawar).

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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
	Mr. Shyam Bihari Gautam with Mr.
	Vijay Singh
For Respondent(s)	: Mr. Manvendra Singh Choudhary, PP

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HON'BLE MR. JUSTICE ASHOK KUMAR JAIN

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Order

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15/09/2025

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The present bail applications under Section 483 of BNSS is filed by the applicants-accused Rakesh S/o Dhannalal, Kalulal S/o Ramswaroop, Suresh Kumar @ Madhu S/o Moolaram seeking bail in respect of a criminal case

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[CRLMB-9881/2025]

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registered as FIR No. 389/2025 dated 13.07.2025 registered at P.S. Aklera, District - Jhalawar, for the offence under Sections 8,15, 29 of NDPS Act.

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Learned counsel for petitioner offers to withdraw bail application of petitioner accused- Suresh Kumar @ Madhu S/o Moolaram.

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Hence, the bail application preferred by petitioner accused Suresh Kumar @ Madhu S/o Moolaram is hereby dismissed. We are considering bail application of petitioners accused- Rakesh S/o Dhannalal, Kalulal S/o Ramswaroop.

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Learned counsel for the applicants submits that the applicants have been falsely implicated in the matter and the investigation against him is complete and they are no more required in investigation. He further submits that there are no chance of fleeing of applicants accused from the jurisdiction of this Hon’ble Court. The applicants do not have any criminal antecedents. He also submits that the applicants undertakes not to repeat offence and cooperate with investigation/trial, which will take time.

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Learned counsel for petitioner submits that police has not complied the mandatory provisions under the NDPS Act before effecting search and seizure. He further submits that the recovered quantity is less than commercial and there is no criminal antecedents against the applicants who are in custody since 13.07.2025 and police has already filed a charge-sheet.

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Learned Public Prosecutor has vehemently opposed the bail application and submitted that the allegations are grave and serious in nature.

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Heard learned counsel for the petitioners-accused and learned Public Prosecutor. Perused the material placed on record by both the parties.

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On basis of interception of car no. RJ14 CN 1118 during Nakbandi on 13.07.2025 three persons Rakesh (driver of car), Suresh @ Madhu and Kalulal were detained and on search of car 35.595 kg of poppy straw was found in two gunny bags from joint possession of three petitioners. After drawing memo of search and seizure a criminal case is registered and all three petitioners were arrested. After investigation police has already filed a charge-sheet against Suresh @ Madhu, Kalulal and Rakesh. There is no criminal antecedent against Kalulal and Rakesh.

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Upon hearing the arguments and perusing the record, we have found that the applicants-accused are no more required in the investigation and they are in custody for quite some time. The further proceedings will take its own time, therefore, looking to entirety of facts and circumstances of the case and without expressing any opinion on merits of the case, the Court deems it appropriate to grant bail to the applicants-accused.

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Thus, the instant bail application filed on behalf of applicants-accused Rakesh S/o Dhannalal, Kalulal S/o Ramswaroop, is hereby allowed and ordered to be released on bail upon furnishing a personal bond of ₹50,000/- with

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[CRLMB-9881/2025]

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two sureties of like amount to the satisfaction of the Trial Court by each of the applicants with the following conditions:-

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(i) The applicants-accused shall not tamper with evidence or influence the witness in any manner. (ii) The applicants-accused shall not indulge in any criminal activity and shall not repeat any criminaloffence punishable under the Law.

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(iii) The applicants-accused shall attend the hearing of the Trial Court on the date fixed by the Trial court or as and when asked to appear before the Trial Court.

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(iv) In case of any violation of above conditions, the bail granted to the applicant-accused shall be liable to be canceled.

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The Registry is directed to send a copy of this order to the Trial Court through E-mail.

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(ASHOK KUMAR JAIN),J

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CHETNA BEHRANI /105-106

Suresh Kumar @ Madhu S/O Moolaram v. State of Rajasthan

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Suresh Kumar @ Madhu S/O Moolaram v. State of Rajasthan

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