Prabhulal Son of Poorilal Vs the State of Rajasthan

Apprehending his arrest in connection with FIR No.171/2020, registered at Police Station Sarthal, District Baran, for the offence(s) under Sections 8/21 of the N.D.P.S. Act, the accusedpetitioner has preferred this criminal misc. bail application under Section 482 of B.N.S.S.

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Learned counsel for the accused-petitioner submits that the accused-petitioner has falsely been implicated in this case. It is alleged against the accused-petitioner that he supplied 13 grams of smack to the other co-accused Ramswaroop. It is contended that there are no substantive evidence available on record to indicate the fact that the accused-petitioner has supplied the said contraband articles to the other co-accused. The accusedpetitioner is ready and willing to co-operate with the investigation, custodial interrogation of the accused-petitioner is not required,

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[2025:RJ-JP:15318]

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[CRLMB-3446/2025]

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(2 of 3)

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therefore, the anticipatory bail application of the accusedpetitioner may be allowed.

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Learned Public Prosecutor has vehemently opposed the grant of anticipatory bail application and submitted the factual report along with case diary. It is contended that the other co-accused has disclosed the name of the present petitioner in supplying the said contraband articles. It is also contended that the accusedpetitioner is a hardcore criminal and against him several cases under the N.D.P.S. Act have been registered. It is further contended that the accused-petitioner is absconding and the warrant under Section 37 of the Police Act has been obtained against him and the accused-petitioner has been chargesheeted under Section 299 of Cr.P.C., therefore, the anticipatory bail application of the accused-petitioner may be dismissed.

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Heard and perused the material available on the record. 5. Apart from the disclosure statement of the other co-accused Ramswaroop, there are no other substantive evidence available on record to indicate the fact that the accused-petitioner has supplied 13 grams of smack to the main co-accused Ramswaroop. Though the accused-petitioner has been charge-sheeted under Section 299 of Cr.P.C., but the factual report and the case diary shows that there are no substantive evidence available on record against the accused-petitioner as to his involvement in the alleged crime, therefore, considering the above facts and without commenting anything on the merits of the case, I deem it just and proper to allow the instant anticipatory bail application of the accusedpetitioner.

[2025:RJ-JP:15318]

[CRLMB-3446/2025]

(3 of 3)

Accordingly, the anticipatory bail application under Section 482 of B.N.S.S. is allowed and it is ordered that in the event of arrest of the accused-petitioner- Prabhulal Son Of Poorilal, in connection with FIR No.171/2020, registered at Police Station Sarthal, District Baran, he shall be released on bail, provided he furnishes a personal bond in the sum of Rs.50,000/- with two sureties in the sum of Rs.25,000/- each to the satisfaction of the S.H.O/I.O/Arresting Officer of the concerned Police Station on the

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following conditions:-

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(i) that the petitioner shall make himself available for interrogation by a police officer as and when required;

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(ii) that the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the court or any police officer.

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(iii) that the petitioner shall not leave India without previous permission of the court.

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(iv) that the petitioner shall submit his Mobile Phones and Sim Cards before the Investigating Agency, if the petitioner fails to submit his Mobile Phones and Sim Cards then the anticipatory bail will stand cancelled.

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(v) The accused-petitioner is also directed to mark his presence on 25^th of every month till conclusion of trial before the concerned Police Station. The SHO of the concerned Police Station shall send the presence report of the accusedpetitioner to the trial Court, every month. In case of any breach to the above condition, the learned Public Prosecutor shall be free to move the application against the petitioner for cancellation of the bail before the concerned Court.

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(PRAVEER BHATNAGAR),J

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Ashwani Kr Srivastava /-101

Prabhulal Son of Poorilal v. the State of Rajasthan

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Prabhulal Son of Poorilal v. the State of Rajasthan

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