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2025 DIGILAW 864 (RAJ)

Deepak v. State of Rajasthan

2025-03-20

KULDEEP MATHUR

body2025
Order : KULDEEP MATHUR, J. 1. This application for bail under Section 439 Cr.P.C. (483 BNSS) has been filed by the petitioner who has been arrested in connection with F.I.R. No.756/2024, registered at Police Station Anupgarh, District Anupgarh, for offences under Sections 8/22 and 8/29 of NDPS Act. 2. Heard learned counsel for the parties at Bar. Perused the material available on record. 3. Learned counsel for the petitioner submitted that in the present case, the psychotropic substance Tramadol Tablets was not recovered from the conscious possession of the present petitioner. Learned counsel contended that as per the prosecution, the recovered psychotropic substance was procured by the co- accused- Charanjeet Singh from the present petitioner as well as the co-accused- Pawan Kumar S/o Hari Singh Kaamra. 4. Learned counsel submitted that the co-accused- Pawan Kumar S/o Hari Singh Kaamra has already been enlarged on bail by the Court of Additional Session Judge No.1, Anupgarh, District Shri Ganganagar vide order dated 21.02.2025. Learned counsel submitted that the case of the present petitioner is not distinguishable from that of the above named co-accused person who has already been enlarged on bail. 5. Lastly, learned counsel submitted that the petitioner is in judicial custody; the petitioner does not have any criminal antecedents; the psychotropic substance was not recovered from the conscious possession of the present petitioner; 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 above named co-accused person has already been enlarged on bail by the competent criminal Court. 7. Having considered the rival submissions, facts and circumstances of the case particularly keeping in view the fact that the co-accused- Pawan Kumar S/o Hari Singh Kaamra has already been enlarged on bail by the Court of Additional Session Judge No.1, Anupgarh, District Shri Ganganagar, 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 439 Cr.P.C.(483 BNSS) is allowed. 8. Consequently, the bail application under Section 439 Cr.P.C.(483 BNSS) is allowed. It is ordered that the accused-petitioner- Deepak S/o Rampal, arrested in connection with F.I.R. No.756/2024, registered at Police Station Anupgarh, District Anupgarh, 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.