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2025 DIGILAW 412 (RAJ)

Ravindra Kumar Latiyal v. State of Rajasthan

2025-02-18

KULDEEP MATHUR

body2025
ORDER : KULDEEP MATHUR, J. This application for bail under Section 483 BNSS has been filed by the petitioner who has been arrested in connection with F.I.R. No.28/2024 registered at Police Station Mukta Prasad Nagar, Dist. Bikaner, for the offences under Sections 8/22 and 29 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 the contraband (MD) weighing 127 Gms. was not recovered from the conscious possession of the present petitioner. The petitioner was not even present at the crime scene. Learned counsel submitted that the petitioner has been implicated in the present case solely on the basis of statements of co-accused Sahiram. Apart from the disclosure statements of co-accused Sahiram, there is no direct evidence available on record indicating involvement of the present petitioner in commission of the alleged crime. 4. Learned counsel submitted that co-accused persons namely Dharma Ram (S.B. Criminal Miscellaneous Bail Application No. 10130/2024); Budh Ram (S.B. Criminal Miscellaneous Bail Application No.8892/2024) and Suresh Kumar (S.B. Criminal Miscellaneous Bail Application No.12142/2024) have already been enlarged on bail by the co-ordinate Bench of this Court vide orders dated 06.09.2024 and 27.09.2024 respectively. 5. Lastly, learned counsel submitted that the petitioner is in judicial custody; challan has already been filed before the competent criminal Court and the trial of the case will take sufficiently long time, therefore, the benefit of bail may be granted to the accused-petitioner. 6. Per contra, learned Public Prosecutor has vehemently opposed the bail application. However, he was not in a position to refute the fact that the contraband in the present case was not recovered from the conscious possession of the present petitioner. He was also not in a position to refute the fact that the above named co-accused persons have already been enlarged on bail. 7. Having considered the rival submissions, facts and circumstances of the case and particularly keeping in view the fact that the co-accused persons namely Dharma Ram, Budh Ram and Suresh Kumar have already been enlarged on bail by the co-ordinate Bench of this Court. Thus, without expressing any opinion on merits/demerits of the case, this Court is inclined to enlarge the petitioner on bail. 8. Consequently, the bail application under Section 483 BNSS is allowed. Thus, without expressing any opinion on merits/demerits of the case, this Court is inclined to enlarge the petitioner on bail. 8. Consequently, the bail application under Section 483 BNSS is allowed. It is ordered that the accused-petitioner Ravindra Kumar Latiyal S/o Dinesh Kumar arrested in connection with F.I.R. No.28/2024 registered at Police Station Mukta Prasad Nagar, Dist. Bikaner, 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. 9. It is however, made clear that findings recorded/observations made above are for limited purposes of adjudication of bail application. The trial court shall not get prejudiced by the same.