Allowed

Laharu Lal S/O Bhaguram v. State of Rajasthan

Rajasthan HC22 Jan 2025CRLMB/179/2025

Case brief

AI extract

What is this about?

In a second bail application under the BNSS regarding alleged offences under the NDPS Act involving poppy husk, the High Court of Rajasthan granted bail to the petitioner. The judgment relied on the absence of contraband in his possession, lack of criminal antecedents, and the prolonged custody already served, despite the commercial quantity of the offence.

What did the court decide?

Petitioner released on bail upon furnishing a personal bond of Rs.50,000/- along with two sureties of Rs.25,000/- each.

Laharu Lal S/O Bhaguram Vs State of Rajasthan — Narcotics (NDPS) | Rajasthan HC (2025)

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[2025:RJ-JP:3254]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous Second Bail Application No. 179/2025

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Laharu Lal S/o Bhaguram, Aged About 38 Years, R/o Bhopa Ka Badiya, Gyangarh, Police Station Kareda, District Bhilwara (Rajasthan) (At Present In Sub Jail Beawar).

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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. Shyam Bihari Gautam For Respondent(s) : Mr. N.S. Dhakar, PP

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HON'BLE MR. JUSTICE ANIL KUMAR UPMAN

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Order

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22/01/2025

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The instant bail application has been filed under Section 483 of BNSS on behalf of the petitioner, who has been arrested in connection with FIR No.314/2024 registered at Police Station Jawaja, District Beawar (Rajasthan) for the offence punishable under Section 8/15 of NDPS Act. Later on, police filed chargesheet in this matter for the offences punishable under Sections 8, 15, 25 & 29 of NDPS Act.

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First bail application of the petitioner was dismissed as withdrawn with liberty to renew the prayer of bail after submission of result of investigation. Now, charge-sheet has been filed. Thus, this second bail application has been preferred by the petitioner.

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Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. Counsel submits that

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[2025:RJ-JP:3254]

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admittedly, no contraband has been recovered from the possession of the petitioner. Counsel submits that petitioner has been made accused solely on the basis of interrogation of the coaccused Hadhmandas who was found in possession of 63.670 kgs of poppy husk. Counsel submits that there are no criminal antecedents of the petitioner. Petitioner is in custody since 11.11.2024 and trial will take considerable time. Further custody of the petitioner would not serve any fruitful purpose.

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Learned Public Prosecutor opposes the submissions made by counsel for the petitioner. He submits that matter involves the commercial quantity thus, considering the rigour of Section 37 of the NDPS Act, bail should not be granted.

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I have considered the contentions.

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Having regard to the totality of the facts and circumstances of the case; considering the arguments advanced by learned counsel for the petitioner, especially the fact that no contraband has been recovered from the possession of the petitioner; charge-sheet has been filed; absence of criminal antecedents of the petitioner; trial will take time in its conclusion as well as looking to the period of custody served by the petitioner, but without commenting anything on merits and demerits of the case, I deem it proper to allow the bail application.

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This second bail application is accordingly allowed and it is directed that accused-petitioner- Laharu Lal S/o Bhaguram shall be released on bail provided he furnishes a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) together with two sureties in the sum of Rs.25,000/- (Rupees Twenty Five Thousand

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only) each to the satisfaction of the learned Trial Court with the stipulation that he shall appear before that Court and any court to which the matter is transferred, on all subsequent dates of hearing and as and when called upon to do so.

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The observation made hereinabove is only for decision of the instant bail application and would not have any impact on the trial of the case in any manner.

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(ANIL KUMAR UPMAN),J

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LALIT MOHAN /246

Laharu Lal S/O Bhaguram v. State of Rajasthan

Case brief

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Laharu Lal S/O Bhaguram v. State of Rajasthan

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