Rajasthan High Court - Jodhpur
Nimbaram vs State Of Rajasthan (2025:Rj-Jd:33904) on 1 August, 2025
Author: Nupur Bhati
Bench: Nupur Bhati
[2025:RJ-JD:33904]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous 5th Bail Application No. 1693/2025
Nimbaram S/o Umaram, Aged About 30 Years, R/o Golasaan ,
P.s. Sanchore , Dist Jalore (Raj) (At Present Lodged At Sub Jail
Pindwara, Dist Sirohi)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. R.K. Charan through VC, assisted
by Mr. Abhishek Charan
For Respondent(s) : Mr. Urja Ram Kalbi, PP
HON'BLE DR. JUSTICE NUPUR BHATI
Order
01/08/2025
1. The instant 5th bail application has been filed by the
petitioner under Section 483 BNSS who has been arrested in
connection with the FIR No.44/2022 registered at the Police
Station Pindwara District Sirohi for the offences under Sections
8/15 and 29 of the NDPS Act.
2. Previously, all the four bail applications filed by the petitioner
under Section 483 BNSS/439 Cr.P.C., were dismissed by the
Coordinate Benches of this Court vide orders dated 30.03.2022,
29.03.2023, 29.08.2023 and 29.08.2024.
3. Learned counsel for the petitioner submits that the petitioner
has been falsely roped in this case, as it has been alleged that on
28.01.2022, Sub-Inspector along with the police team of the
Police Station Pindwara District Sirohi, during a Nakabandi,
intercepted a pick-up vehicle bearing Registration No.GJ-08-V-
0426, however, the driver tried to flee away with the vehicle but
the said vehicle was stopped again. Upon asking the name of the
[2025:RJ-JD:33904] (2 of 3) [CRLMB-1693/2025]
driver, he told his name as Nimba Ram (the present petitioner)
and upon searching the vehicle, 25 sacks of Poppy Husk weighing
456 Kg 200 gms was recovered. Learned counsel for the petitioner
submits that the petitioner is suffering incarceration since
28.01.2022. Learned counsel for the petitioner submits that out of
15 prosecution witnesses, only 3 prosecution witnesses have been
examined till date and with this submission, he placed reliance
upon the judgments rendered by the Hon'ble Apex Court in the
cases of Rabi Prakash v. State of Orissa (Leave to Appeal
(Criminal) No.4169/2023) and Mohd. Muslim @ Hussain v.
State [(NCT of Delhi) (Special Leave Petition (Crl.)
No(s).915 of 2023]. He also submits that the petitioner has no
previous criminal antecedents of similar nature and thus, he
craves acceptance of the instant bail application.
4. In compliance of the order dated 28.07.2025, the status
report of the trial dated 29.07.2025 has been produced before this
Court which indicates that out of 15 prosecution witnesses only 3
prosecution witnesses have been examined till date.
5. E-converso, Learned Public Prosecutor opposes the bail
application, however, is not in a position to refute the fact that out
of 15 prosecution witnesses, only 3 prosecution witnesses have
been examined till date and the fact that the petitioner is in
custody since 28.01.2022.
6. Having considered the submissions advanced at Bar by
learned counsel for the parties, the judgments cited at Bar and
having regard to the entirety of facts and circumstances of the
case as available on record; and looking to the fact that out of 15
prosecution witnesses, only 3 prosecution witnesses have been
examined till date and the fact that the petitioner is in custody
since 28.01.2022 and the fact that trial will take a long time to
[2025:RJ-JD:33904] (3 of 3) [CRLMB-1693/2025]
conclude and, without expressing any opinion on the
merits/demerits of the case, this Court deems it fit to enlarge the
petitioner on bail.
7. Consequently, the instant 5th bail application is allowed. It is
ordered that the accused petitioner Nimbaram S/o Umaram
arrested in connection with FIR No.44/2022 registered at the
Police Station Pindwara District Sirohi shall be released on bail;
provided he furnishes a personal bond in the sum of Rs.50,000/-
and two sureties of Rs.25,000/- each to the satisfaction of the
learned trial Court, with a stipulation to appear before that Court
on all dates of hearing and as and when called upon to do so.
(DR. NUPUR BHATI),J
26-/Devesh/-
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