Bail may be granted when the accused is not in direct possession of contraband and there is no evidence of reoffending.

Order :

1. 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.243/2020 registered at Police Station Kudi Bhagtasni, District Jodhpur, for offences under Sections 8/15, 18 & 29 of N.D.P.S. 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 in the present case contraband (poppy husk/straw) weighing 7 Qntls. 65 Kgs. 100 Gms from 45 sacks and 1 Kg. opium from a polythene pouch was recovered in a truck which was being driven by the co- accused Hadman Ram. Learned counsel submitted that the co- accused Hadman Ram (S.B. Criminal Misc. 3^rd Bail Application No.2978/2024) has already been enlarged on bail by this Court vide order dated 20.04.2024. Learned counsel for the petitioner submitted that the petitioner has been implicated in the present case solely on the basis of the information divulged by the co- accused Hadman Ram. Apart from the disclosure statements/information divulged by the co-accused Hadman Ram there is nothing on record indicating the involvement of the petitioner in the commission of alleged crime. It was contended that the petitioner is in judicial custody; the investigation against the present petitioner has already been completed; and the trial of the case will take sufficient long time, therefore, the benefit of bail may be granted to the accused-petitioner.

4. Per contra, learned Public Prosecutor has opposed the bail application and submitted that looking to seriousness of the case and the allegations against the petitioner, he does not deserve to be enlarged on bail. However, he was not in position to refute the fact that the above named co-accused has already been enlarged on bail by this Court.

5. Having considered the rival submissions, facts and circumstances of the case, this Court prima-facie finds that the contraband was not recovered from direct/conscious possession of the present petitioner; the petitioner has been implicated in the case solely on the basis of the disclosure statements of co-accused Hadman Ram. This Court also prima-facie finds that the learned Public Prosecutor has not shown any apprehension of the petitioner involving himself in the cases of similar nature, in case he is enlarged on bail. Thus, without expressing any opinion on merits/demerits of the case, this Court is inclined to enlarge the petitioner on bail.

6. Consequently, the bail application under Section 483 BNSS is allowed. It is ordered that the accused-petitioner Lunaram S/o Shri Sawalram arrested in connection with F.I.R. No.243/2020 registered at Police Station Kudi Bhagtasni, District Jodhpur, 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.

7. 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.