Rajasthan High Court - Jodhpur
Budharam @ Bhutaram vs State Of Rajasthan (2025:Rj-Jd:6987) on 4 February, 2025
Author: Kuldeep Mathur
Bench: Kuldeep Mathur
[2025:RJ-JD:6987]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 1318/2025
Bhanwarlal S/o Shri Sadram, Aged About 24 Years, R/o
Liyadara , Ps Jhab , Dist Sanchore, Jalore (Presently Lodged In
Dist Jail Jalore)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
Connected With
S.B. Criminal Miscellaneous Bail Application No. 1319/2025
Budharam @ Bhutaram S/o Shri Sadram, Aged About 29 Years,
R/o Liyadara, Ps Jhab , Dist Jalore (Presently In Dist Jail Jalore)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Ramesh Kumar
For Respondent(s) : Mr. Lalit Kishore Sen, PP
HON'BLE MR. JUSTICE KULDEEP MATHUR
Order 04/02/2025
1. These applications for bail under Section 483 of BNSS have been filed by the petitioners who have been arrested in connection with F.I.R. No.56/2024 registered at Police Station Jhab, District Sanchore (Jalore) for the offence under Section 8/22 & 29 of the NDPS Act.
2. Heard learned counsel for the petitioners and the learned Public Prosecutor. Perused the material available on record. (Downloaded on 05/02/2025 at 09:43:58 PM) [2025:RJ-JD:6987] (2 of 4) [CRLMB-1318/2025]
3. Learned counsel for the petitioners submitted that the co- accused persons namely Pradeep Eram @ Peeraram (S.B. Criminal Miscellaneous Bail Application No.15807/2024 ) and Raju Ram @ Rajsa (S.B. Criminal Miscellaneous Bail Application No.12992/2024) have already been enlarged on bail by this Court vide order dated 14.01.2025. Learned counsel further submitted that the case of the present petitioners is not distinguishable from that of the above named co-accused persons.
4. Learned counsel for the petitioners submitted that the petitioners are in judicial custody; the challan against the present petitioners 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- petitioners.
5. Per contra, learned Public Prosecutorhas opposed the bail applications. 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. Heard learned counsel for the parties at Bar and perused the order dated 14.01.2025 passed by the co-ordinate Bench of this Court. The order dated 14.01.2025 is reproduced hereinbelow for ready reference:-
These applications for bail under Section 439 Cr.P.C. (483 BNSS) have been filed by the petitioners who have been arrested in connection with F.I.R. No.56/2024, registered at Police Station Jhab, District Sanchore, for offences under Sections 8/22 and 29 of NDPS Act.
Heard learned counsel for the petitioners and learned Public Prosecutor. Perused the material available on record.(Downloaded on 05/02/2025 at 09:43:58 PM)
[2025:RJ-JD:6987] (3 of 4) [CRLMB-1318/2025] This Court, with a view to find out as to whether the psychotropic substance recovered from the possession of the present petitioners is below commercial quantity or not, has directed learned Public Prosecutor to call for the FSL report of the recovered psychotropic substance.
The learned Public Prosecutor has placed on record FSL report dated 23.12.2024 for a perusal of this Court. The relevant portion of the FSL report dated 23.12.2024 is reproduced below for ready reference:-
"RESULT OF EXAMINATION On micro chemical, chemical and instrumental analysis:-
Presence of any opium constituents/opium derivatives including heroin (diacetylmorphine), active constituents of cannabis, cocaine, methaqualone/meloqualone, Mephedrone, Amphetamine/Methamphetamine, MDMA/MDA, Barbiturates/Barbiturate derivatives and Benzodiazepines could not be detected in the sample packed in each of the packet marked S- 1, S-2 and S-3.
The sample packed in each of the packet marked S-1 and S-2 gave positive tests for the presence of Potassium ions (K+) and Chloride ions (Cl-).
The sample packed in the packet marked S-3 gave positive tests for the presence of Ammonium ions (NH4+), Aluminum ions (Al3+) and Sulphate ions (SO4-2)."
Learned Public Prosecutor submits that on the basis of the FSL report dated 23.12.2024, it cannot be said that the psychotropic substance recovered from the present petitioners is above commercial quantity.
Having considered the rival submissions, facts and circumstances of the case and having perused the FSL report, this Court is inclined to enlarge the petitioners on bail.
Consequently, these bail applications under Section 439 Cr.P.C. (483 BNSS) are allowed. It is ordered that the accused-petitioners- Pradeep Eram @ Peeraram S/o Premaram and Raju Ram@ Rajsa S/o Danu Ram arrested in connection with F.I.R. No.56/2024, registered at Police Station Jhab, District Sanchore, shall be released on bail, if not wanted in any other case, provided each of them 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 their appearance before that Court on each & every date of hearing and whenever called upon to do so till completion of the trial. (Downloaded on 05/02/2025 at 09:43:58 PM)
[2025:RJ-JD:6987] (4 of 4) [CRLMB-1318/2025] It is however, made clear that findings recorded/ observations made above are for limited purposes of adjudication of bail applications. The trial Court shall not get prejudiced by the same.
A copy of this order be placed in each file.
7. Having considered the rival submissions, facts and circumstances of the case, without expressing any opinion on merits/demerits of the case, this Court is inclined to enlarge the petitioner on bail.
8. Consequently, these bail applications under Section 483 of BNSS are allowed. It is ordered that the accused-petitioners (1) Bhanwarlal S/o Shri Sadram and (2) Budharam @ Bhutaram S/o Shri Sadram arrested in connection with F.I.R. No.56/2024 registered at Police Station Jhab, District Sanchore (Jalore) shall be released on bail, if not wanted in any other case, provided each of them 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 their appearance before that court on each & every date of hearing and whenever called upon to do so till completion of the trial.
9. A copy of this order be placed in each file.
(KULDEEP MATHUR),J 241-242-mohit/-
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