Rajasthan High Court - Jodhpur
Mahaveer Singh vs State Of Rajasthan (2025:Rj-Jd:34061) on 1 August, 2025
Author: Kuldeep Mathur
Bench: Kuldeep Mathur
[2025:RJ-JD:34061]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous 2nd Bail Application No. 5382/2025
Mahaveer Singh S/o Kalu Singh Sondhiya Rajput, Aged About 32
Years, R/o Bhimni, P.S. Pagariya, District Jhalawar, Rajasthan
(Lodged In District Jail, Chittorgarh)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Bhagirath Ray Bishnoi
For Respondent(s) : Mr. Narendra Gehlot, PP
HON'BLE MR. JUSTICE KULDEEP MATHUR
Order
01/08/2025
1. This second application for bail under Section 483 of BNSS
(439 of Cr.P.C.) has been filed by the petitioner who has been
arrested in connection with F.I.R. No.92/2023 registered at Police
Station Sadar-Nimbahera, District Chittorgarh for offence under
Section 8/18 of NDPS Act.
2. Heard learned counsel for the petitioner and learned Public
Prosecutor. Perused the material available on record.
3. Learned counsel for the petitioner submitted that as per
prosecution, during nakabandi, on 10.03.2023 a team of police
officers from Police Station Nimbahera apprehended a Swift Brezza
car bearing Registration No. MP-09-WL-6820, being driven by co-
accused Suraj Singh and the petitioner was found sitting besides
the driver.
4. Learned counsel submitted that as per the prosecution,
contraband (opium) weighing 6 kgs was recovered from the
conscious possession of the petitioner and the other co-accused
[2025:RJ-JD:34061] (2 of 3) [CRLMB-5382/2025]
persons from the said car and thereby the petitioner and the other
co-accused persons were arrested on the spot. Learned counsel
submitted that the petitioner has been falsely implicated in the
present case; the petitioner has been in judicial custody since
10.03.2023. He further submitted that till date, the statement of
only three prosecution witnesses have been recorded before the
competent Criminal Court which indicates that the trial against the
petitioner is unlikely to be concluded in near future.
5. Learned counsel submitted that in view of the fact that the
petitioner is in judicial custody from last more than 02 years and
04 months; and he does not have any criminal antecedents,
deserves to be enlarged on bail and more particularly in view of
the fact that trial against him is not likely to be concluded in near
future.
6. Learned counsel for the petitioner in support of his
arguments has placed reliance upon the judgments recorded in
the cases of Rabi Prakash Vs. State of Orisa (Leave to
Appeal (Criminal) No.4169/2023 and Mohan Muslim @
Hussain Vs. State (NCT of Delhi) in Special Leave Petition
(Crl.) No(s).915 of 2023.
7. Per contra, learned Public Prosecutor has opposed the bail
application and submitted that looking to the seriousness of the
allegations against the present petitioner, he does not deserves to
be enlarge on bail. However, he was not in a position to refute the
fact that the petitioner is in judicial custody from last more than
02 years and 04 months; and in view of the fact that till date, only
three prosecution witnesses have been examined before the
[2025:RJ-JD:34061] (3 of 3) [CRLMB-5382/2025]
learned trial Court, trial against him is not likely to be concluded in
near future. Learned Public Prosecutor was also not in a position
to refute the fact that the petitioner does not have any criminal
antecedents.
8. Having considered the rival submissions, facts and
circumstances of the case, without expressing any opinion on
merits/demerits of the case, this Court is inclined to enlarge the
petitioner on bail.
9. Consequently, the second bail application under Section 483
of BNSS (439 of Cr.P.C.) is allowed. It is ordered that the accused-
petitioner Mahaveer Singh S/o Kalu Singh Sondhiya Rajput
arrested in connection with F.I.R. No.92/2023 registered at Police
Station Sadar-Nimbahera, District Chittorgarh shall be released on
bail, if not wanted in any other case, provided he furnishes a
personal bond of Rs.1,00,000/- and two sureties of Rs.50,000/-
each, to the satisfaction of learned trial court, for his appearance
before that court on each & every date of hearing and whenever
called upon to do so till completion of the trial.
(KULDEEP MATHUR),J
302-Dinesh/-
Powered by TCPDF (www.tcpdf.org)
