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2025 Supreme(Raj) 251

HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE KULDEEP MATHUR, J
Kalu Nath – Appellant
Versus
State Of Rajasthan – Respondent


Advocates Appeared:
Mr. Kailash Chandra, Mr. Neeraj Kumar Gurjar, GA cum AAG, Mr. Urja Ram Kalbi, PP

Order :

1. This application for bail under Section 483 of BNSS has been filed by the petitioner who has been arrested in connection with F.I.R. No.49/2017 registered at Police Station Borunda, District Jodhpur for the offences under Sections 8/18 & 29 of NDPS Act.

2. Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.

3. It is argued by the learned counsel for the petitioner that the petitioner has been falsely implicated in the matter solely on the basis of confessional statements of the co-accused Karma Ram from whose conscious contraband (opium) weighing 9 kgs. was recovered. Learned counsel further submitted that the recovery of the contraband (opium) was not made from the conscious possession of the present petitioner and the only allegation against him is that he along with co-accused Raju Lal had supplied the recovered contraband to the co-accused Karma Ram.

4. Learned counsel for the petitioner submitted that the co- accused Raju Lal (S.B. Criminal Miscellaneous Bail Application No.8061/2017) has already been enlarged on bail by the co- ordinate Bench of this Court vide order dated 23.10.2017. Learned counsel further

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