Udaypal vs State Of Rajasthan (2025:Rj-Jd:7677)
2025 Latest Caselaw 6657 Raj

Rajasthan High Court - Jodhpur

Udaypal vs State Of Rajasthan (2025:Rj-Jd:7677) on 6 February, 2025

Author: Kuldeep Mathur

Bench: Kuldeep Mathur

[2025:RJ-JD:7677]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR

 S.B. Criminal Miscellaneous 2nd Bail Application No. 13286/2024

Udaypal S/o Sh Kishore Lal, Aged About 39 Years, R/o 64 Lnp,

Tehsil Padampur Dist Sriganganagr. (Presently Lodged At Sub Jail

Shri Karanpur)
                                                                  ----Petitioner
                                   Versus
State Of Rajasthan, Through Pp
                                                                ----Respondent


For Petitioner(s)        :     Mr. Ram Chandra Bishnoi
For Respondent(s)        :     Mr. Shrawan Singh Rathore, PP



            HON'BLE MR. JUSTICE KULDEEP MATHUR

Order

06/02/2025

1. This second application for bail under Section 439 Cr.P.C. has

been filed by the petitioner who has been arrested in connection

with F.I.R. No.188/2022 registered at Police Station Ghamoodwali,

Dist. Sti Ganganagar, for the offences under Sections 8/22 of

NDPS Act.

2. Heard learned counsel for the petitioner and learned Public

Prosecutor. Perused the material available on record.

3. Having gone through the case file, this Court prima facie

finds that as per the prosecution, on 28.10.2022, psychotropic

substance (1000 tablets Cypremal-100SR containing tramadol)

weighing 413 Gms. was recovered from the conscious possession

of the present petitioner.

[2025:RJ-JD:7677] (2 of 3) [CRLMB-13286/2024]

4. This Court is conscious of the judgment rendered by Hon'ble

Apex Court in Narcotics Control Bureau Vs. Mohit Agarwal

reported in 2022 SCC OnLine SC 89 wherein it was held that the

length of incarceration is by itself not a consideration and that can

be treated as a persuasive ground for granting relief under Section

37 of the NDPS Act.

5. In the opinion of this Court, if an accused is involved in

criminal cases of serious nature, the Court should not be in a

position to record a satisfaction in favour of the accused that there

are reasonable grounds for believing that the accused is not guilty

of the offences charged or would not commit any offence while on

bail. Section 37 of the NDPS Act imposes stringent conditions for

granting bail to the accused persons for the offences under the Act

as the possibility of accused involving/repeating the crime of trade

of Narcotics cannot be rule out in such cases. It is also to be

noticed that trial against the petitioner has already started and

therefore, looking to his criminal record, in case, he is enlarged on

bail, the possibility of his influencing the prosecution witnesses or

fleeing away from justice cannot be ruled out at this stage.

6. On a careful perusal of the case file, this Court prima facie

finds that psychotropic substance greater than commercial

quantity has been recovered from the conscious and exclusive

possession of the present petitioner. This Court also prima facie

finds that apart from the present case, the petitioner is facing trial

in connection with one more criminal case of a similar nature. In

the prima facie opinion of this Court, the twin condition

[2025:RJ-JD:7677] (3 of 3) [CRLMB-13286/2024]

enumerated under Section 37 of NDPS Act are not satisfied in the

present case.

7. Consequently, the present bail application is rejected.

(KULDEEP MATHUR),J 162-divya/-

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