Allowed

Prabhulal S/O Dhulilal v. State of Rajasthan

Rajasthan HC5 Feb 2025CRLMB/440/2025

Case brief

AI extract

What is this about?

Bail application filed under Section 483 BNSS in an NDPS case regarding recovered smack below commercial quantity. Court allowed bail considering small quantity, no similar antecedents, and custody period, subject to conditions.

What did the court decide?

Petitioners released on bail on furnishing personal bond of Rs. 50,000 each with two sureties of Rs. 25,000 each, and monthly police reporting.

Prabhulal S/O Dhulilal Vs State of Rajasthan — Narcotics (NDPS) | Rajasthan HC (2025)

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[2025:RJ-JP:5085]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous Bail Application No. 440/2025

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Prabhulal S/o Dhulilal, Aged About 35 Years, R/o Dungar Gaav Tapri Police Station Bhalta District Jhalawar (Raj.).

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Pappu S/o Karan Singh, Aged About 222 Years, R/o Dungar Gaav Majra Khora, Police Station Bhalta District Jhalawar (Raj.) (At Present Confined In Central Jail, Kota (Raj.).

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----Accused-Petitioners

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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, Adv. For Respondent(s) : Mr. J.P. Tiwari, PP

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HON'BLE MR. JUSTICE ANIL KUMAR UPMAN

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Order

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05/02/2025

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The instant bail application has been filed under Section 483 of BNSS on behalf of the petitioners, who have been arrested in connection with FIR No.326/2024 registered at Police Station Sangod, District Kota Rural for the offences punishable under Sections 8/21 of NDPS Act.

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It is contended by learned counsel for the petitioners that the accused-petitioners have falsely been implicated in this case. Learned counsel submits that alleged recovered contraband smack (26.80 gms) is below commercial quantity. He further submits that there are no criminal antecedents against the petitioners of similar nature and trial of the case will take considerable time. He argues that the petitioners are in custody since their date of arrest and

[2025:RJ-JP:5085]

[CRLMB-440/2025]

(2 of 3)

further custody of the petitioners would not serve any fruitful purpose.

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Learned Public Prosecutor opposes the submissions made by the learned counsel for the petitioners. He submits that one other criminal case has been registered against the petitioner-Prabhulal. 4. 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 petitioners, especially the fact that alleged recovered contraband smack is below commercial quantity; absence of criminal antecedents of similar nature and trial will take time in its conclusion as well as looking to the period of custody, but without commenting anything on the merits/demerits of the case, I deem it proper to allow the bail application.

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This bail application is accordingly allowed and it is directed that accused-petitioners – 1. Prabhulal S/o Dhulilal and 2. Pappu S/o Karan Singh shall be released on bail provided each of them 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 Only) each to the satisfaction of the learned trial Court with the stipulation that each of them 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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It is made clear that the accused-petitioners shall not involve in any other offence(s) during currency of the bail and they shall mark their presence in first week of every month in the concerned

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[2025:RJ-JP:5085] (3 of 3)

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[CRLMB-440/2025]

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police station, till trial is concluded.

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Concerned SHO is directed to maintain a register recording the attendance of the petitioners, as directed above. In case the petitioners fail to mark their presence in the concerned police station, as directed above, the concerned SHO is directed to immediately report the matter to the concerned Court in this regard.

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If any breach of these conditions is reported or come to the notice of the Court, the same shall alone be a reason for the trial Court to cancel the bail granted to them by this Court.

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(ANIL KUMAR UPMAN),J

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MADAN/327

Prabhulal S/O Dhulilal v. State of Rajasthan

Case brief

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Prabhulal S/O Dhulilal v. State of Rajasthan

Case brief

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