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2025 DIGILAW 869 (RAJ)

Pawan Guru v. State of Rajsthan

2025-03-20

KULDEEP MATHUR

body2025
Order : KULDEEP MATHUR, J 1. This 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.49/2022 registered at Police Station Shergarh, District Jodhpur, for the offences under Sections 8/20, 25 and 29 of the 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 petitioner has been falsely implicated in the present case. Learned counsel further submitted that as per the prosecution, the petitioner was escorting a Container No.RJ49-GA-2678 loaded with contraband (Ganja) with co-accused persons namely Rakesh and Akbar Khan in a Scorpio vehicle. Learned counsel for the petitioner further submitted that the co-accused persons namely Rakesh already been enlarged on bail by this Court vide orders dated 19.07.2023 and 20.03.2024 respectively. 4. Lastly, learned counsel for the petitioner submitted that the petitioner is in judicial custody; and the trial of the case will take sufficiently long time, therefore, the benefit of bail may be granted to the accused-petitioner. 5. 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 persons have already been enlarged on bail by this Court. 6. Having considered the rival submissions, facts and circumstances of the case, this Court prima facie finds that the case of the present petitioner is not at all distinguishable from that of the above named co-accused persons namely Rakesh and Akbar Khan who have already been enlarged on bail. This Court also prima facie finds that the contraband was not recovered from the conscious possession of the present petitioner. Thus, without expressing any opinion on merits/demerits of the case, this Court is inclined to enlarge the petitioner on bail. 7. Consequently, the bail application under Section 483 of BNSS (439 of Cr.P.C .) is allowed. This Court also prima facie finds that the contraband was not recovered from the conscious possession of the present petitioner. Thus, without expressing any opinion on merits/demerits of the case, this Court is inclined to enlarge the petitioner on bail. 7. Consequently, the bail application under Section 483 of BNSS (439 of Cr.P.C .) is allowed. It is ordered that the accused- petitioner Pawan Guru S/o Sumer Chand arrested in connection with F.I.R. No.49/2022 registered at Police Station Shergarh, District Jodhpur, shall be released on bail, if not wanted in any other case, provided he furnishes a personal bond of Rs.50,000/- and two sureties of Rs.25,000/- 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.