Tularam S/O Chetram Vs State of Rajasthan

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

S.B. Criminal Miscellaneous II Bail Application No. 3848/2025

Tularam S/o Chetram, Aged About 40 Years, R/o Sardighat, Police Station Kasoli, Tehsil Kasoli, District Solan (Himachal Pradesh) (At Present In Sub Jail Beawar).

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----Accused-Applicant

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Versus

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State Of Rajasthan, Through PP

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----Respondent

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For Applicant	: Mr.	Ravindra Singh Shekhawat,Adv.
For Respondent	: Mr.	Naresh Kumar Gupta,PP

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HON'BLE MR. JUSTICE ASHUTOSH KUMAR

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Order

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20/03/2025

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The present second bail application has been filed by the accused-applicant. The first bail application filed on behalf of the accused-applicant has been dismissed as withdrawn by this Court vide order dated 13.12.2024 passed in S.B. Criminal Miscellaneous Bail Application No.11259/2024.

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The present bail application has been filed by the accusedapplicant under Section 483 of the B.N.S.S, 2023 against the order dated 04.03.2025 passed by learned Special Judge, Narcotic Drugs and Psychotropic Substances Cases and Additional Sessions Judge, No.1, Beawer, District Ajmer arising out of the FIR No.22/2024, registered at Police Station Bijainagar, District Beawer for the offences under Section 8/15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the ‘Act of 1985’) by which the bail application of the accused-

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[CRLMB-3848/2025]

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applicant under Section 483 of the B.N.S.S, 2023 has been dismissed.

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Learned counsel for the accused-applicant submits that the accused-applicant has falsely been implicated in this case and only 85 kg of ‘poppy husk’ has been said to be seized from the possession of the accused-applicant. Learned counsel also submits that the accused-petitioner was arrested on 15.01.2024 and since then, he is behind the bars.

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Learned counsel for the accused-applicant contends that the charge-sheet has already been filed and the trial will take time to conclude. Learned counsel also contends that no other criminal case has been registered against the accused-applicant, therefore, the accused-applicant be granted benefit of bail.

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In support of his submissions, learned counsel for the accused-applicant has placed reliance on the judgment passed by the Hon'ble Apex Court and also, the judgment passed by this Court, in the cases of:-

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Ramlal Vs. State of Rajasthan [Petition for Special Leave to Appeal (Crl.) No.9510/2024] decided on 17.09.2024;

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Ramswaroop Vs. State of Rajasthan connected with Rajusingh Vs. State of Rajasthan [Criminal Miscellaneous Bail Application Nos.16391/2024 & 228/2025] decided on 11.02.2025.

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Learned Public Prosecutor vehemently opposed this bail application.

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Heard learned counsel for the parties and also perused the material available on record.

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As per the prosecution story, 85 kg of ‘poppy husk’ has been recovered from the possession of the applicant on 15.01.2024, and since then, he is behind the bars. There is no criminal antecedent of the applicant and the trial will take time to conclude.

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Having regard to the facts and circumstances of the case, and considering the judgments relied upon by learned counsel for the applicant in the cases of Ramlal and Ramswaroop (supra), but without expressing any opinion on the merits/demerits of the case, this Court deems it proper to allow the second bail application filed by the applicant.

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Consequently, this second bail application filed by the applicant under Section 483 of the B.N.S.S, 2023 is allowed. It is ordered that accused-applicant Tularam S/o Chetram , arrested in the FIR No.22/2024, registered at Police Station Bijainagar, District Beawer shall be released on bail; provided he furnishes personal bond in the sum of Rs.1,00,000/- and two solvent sureties of Rs.50,000/- to the satisfaction of the trial Court. The applicant shall be required to appear before that Court on all dates of hearing and as and when called upon to do so.

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(ASHUTOSH KUMAR),J

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AARZOO ARORA /01

Tularam S/O Chetram v. State of Rajasthan

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Tularam S/O Chetram v. State of Rajasthan

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