Rakesh vs State Of Rajasthan (2025:Rj-Jd:19894)
2025 Latest Caselaw 12196 Raj

Rajasthan High Court - Jodhpur

Rakesh vs State Of Rajasthan (2025:Rj-Jd:19894) on 24 April, 2025

Author: Nupur Bhati

Bench: Nupur Bhati

[2025:RJ-JD:19894]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
     S.B. Criminal Miscellaneous Bail Application No. 4788/2025

Rakesh S/o Hadman Ram, Aged About 30 Years, R/o Near
Hariram Mandir Nokha Tehsil Nokha Dist. Bikaner (At Present
Lodged In Central Jail Bikaner )
                                                                         ----Petitioner
                                         Versus
State Of Rajasthan, Through Pp
                                                                       ----Respondent


For Petitioner(s)              :    Mr. Sunil Vishnoi
For Respondent(s)              :    Mr. Prem Singh, PP



               HON'BLE DR. JUSTICE NUPUR BHATI

Order

24/04/2025

1. Heard learned counsel for the parties and perused the

material available on record.

2. The present bail application has been filed under Section 483

of Bhartiya Nagarik Suraksha Sanhita (B.N.S.S.), 2023 on behalf

of the petitioner, who is in custody in connection with F.I.R.

No.24/2025 registered on 14.01.2025 at Police Station Nokha,

District Bikaner, for the offences under Section 8/22 of NDPS Act.

3. Learned counsel for the petitioner submits that the

contraband in question is below commercial quantity. He further

submits that two criminal antecedents of similar nature are

pending against the petitioner out of which in one case having FIR

No.33/2022, PS Nokha, the contraband is also below commercial

quantity and the petitioner has been enlarged on bail vide order

dated 23.05.2022 in CRLMB No.6661/2022. He further submits

that in other case being FIR No.02/2022, the petitioner has been

[2025:RJ-JD:19894] (2 of 2) [CRLMB-4788/2025]

acquitted by the learned trial Court vide judgment dated

17.08.2024 in Criminal Case No.57/2022. He further submits that

the trial of the case will take long time, therefore, the petitioner

may be enlarged on bail.

4. Per contra, learned Public Prosecutor opposed the bail

application but not in a position to refute the submissions made by

learned counsel for the petitioner.

5. In view of above and, having regard to the entirety of facts

and circumstances of the case as available on record and looking

to the fact that the trial will consume time and without expressing

any opinion on the merits/demerits of the case, this Court is of the

opinion that the petitioner deserves to be released on bail.

6. Accordingly, the bail application under Section 483 of

Bhartiya Nagarik Suraksha Sanhita (B.N.S.S.), 2023 is allowed

and it is ordered that the accused-petitioner Rakesh S/o

Hadman Ram, arrested in relation to F.I.R. No.24/2025

registered on 14.01.2025 at Police Station Nokha, District Bikaner,

shall be enlarged on bail provided he furnishes a personal bond in

sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the

satisfaction of the learned trial Judge for his appearance before

the Court concerned on all the dates of hearing as and when

called upon to do so.

(DR.NUPUR BHATI),J 244-amit/-

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