Kamal Singh S/O Bacchu Singh Vs State of Rajasthan

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

S.B. Criminal Miscellaneous Bail Application No. 4667/2025

Kamal Singh S/o Bachhu Singh, Aged About 28 Years, Resident Of Chillachound, Police Station Aangai, District Dholpur (Rajasthan) ( Accused Presently Confined At District Jail Karauli) ----applicant

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Versus

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State Of Rajasthan, Through P.P.

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----Respondent

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For applicant(s) : Mr. Rohit Bharadwaj For Respondent(s) : Mr. Devi Singh, PP

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HON'BLE MR. JUSTICE ASHOK KUMAR JAIN

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Order

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07/08/2025

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This instant application for bail filed under Section 483 of BNSS by the applicant-accused in FIR No.03/2025 dated 06.01.2025 registered at P.S. Karauli, District Karauli, whereby the applicant-accused has charged under Sections 8/21 and 8/29 of NDPS Act.

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Learned counsel for the applicant relying upon grounds raised in bail application submits that the applicant is innocent and falsely implicated in the present case. Learned counsel for the applicant submits that no recovery is effected from the applicant accused rather he has been arrayed as an accused under Section 8/29 of the NDPS Act. He further submits that the recovered quantity from main accused

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Hemraj is 6.40 gram smack which is little above the small quantity and he was already released on bail by the trial Court. He further submits that another accused Sajanpuri who was shown as middleman between applicant accused and Hemraj was also extended bail by the trial Court. He further submits that in three more cases, this applicant accused was arrayed as an accused under Section 29 of the NDPS Act but this applicant accused was released on bail by a Co-ordinate Bench of this Hon’ble Court and presently, the applicant accused has no other case other than present one. He also submitted that the investigation/trial will take its own time and no purpose will be served by keeping the applicant(s)-accused in custody.

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Aforesaid contentions were opposed by learned Public Prosecutor.

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

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During nakabandi , a person (Hemraj) was found as suspect and on search 6.95 gram smack was recovered from him. The accused Hemraj was arrested who was released on bail by the trial Court on 13.01.2025. Thereafter, police has found involvement of Sajanpuri and Kamal Singh. This Sajanpuri was released on bail by the Trial Court on 17.01.2025. This Kamal Singh is later arrested and he is in custody.

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As per trial Court, 3 cases were registered against him and learned counsel for the applicant has submitted order dated 28.07.2025 in FIR No.367/2024, order dated 29.07.2025 in FIR No.312/2024 and order dated 01.08.2025 in FIR No.318/2024 to show that this applicant accused is released on bail in all other cases. As per police, total 6 cases were registered against Kamal Singh and in two cases, chargesheet has been filed.

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The applicant is having a criminal background but main accused and other accused persons were released on bail, therefore, on ground of parity, have no option except to grant bail to the applicant accused subject to certain conditions.

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Thus, the instant bail application filed on behalf of applicantaccused is hereby allowed and the applicant-accused Kamal Singh S/o Bachhu Singh , is ordered to be released on bail upon furnishing a personal bond of ₹50,000/- with two sureties of like amount to the satisfaction of the Trial Court with the following conditions:-

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(i) The applicant-accused shall not tamper with evidence or influence the witness in any manner.

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(ii) The applicant-accused shall not indulge in any criminal activity and shall not repeat any criminal offence punishable under the Law.

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(iii) The applicant-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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