The court granted bail due to insufficient evidence linking the accused-petitioner to drug trafficking, despite prior criminal history.

Order :

1. The instant bail application has been filed under Section 483 B.N.S.S. on behalf of the accused-petitioner. The accused- petitioner has been arrested in connection with FIR No.306/2024 registered at Police Station Transport Nagar (Jaipur City East), District Jaipur City (East) for the offence(s) under Section 8/21 of NDPS Act.

2. Learned counsel for the accused-petitioner submits that the accused-petitioner has falsely been implicated for the offences under Sections 8/21 and 8/29 of NDPS Act. He further submits that the contraband article containing 20 gram 78 miligram smack was effected from the other co-accused Sajid Qureshi @ Chimti and Sajid Qureshi @ Chimti has disclosed the name of Mohd. Hassan and Mohd. Hassan has disclosed the name of the present accused-petitioner. Apart from the disclosure statement of Mohd.Hassan, there is no substantive evidence available on record indicating the involvement of the accused-petitioner in supplying the contraband article to the main accused Sajid Qureshi @ Chimti. The accused-petitioner is in custody since 22.10.2024 and trial of the case will take considerable time, therefore, the bail application of the accused-petitioner may be allowed.

3. Learned Public Prosecutor vehemently opposed the bail application and contended that the accused-petitioner is a habitual offender and 3 other cases of similar nature have been registered against him, therefore, considering the criminal antecedents of the accused-petitioner, the bail application deserves to be dismissed.

4. Heard and perused the material available on record.

5. Considering the arguments advanced by the counsel for the parties and looking to the fact that the recovery of contraband article was effected from other co-accused Sajid Qureshi @ Chimti and Sajid Qureshi @ Chimti has disclosed the name of Mohd. Hassan and Mohd. Hassan has disclosed the name of the present accused-petitioner. Apart from the statement of Mohd. Hassan, there is no reliable evidence available on record indicating the fact that the accused-petitioner was involved in drug trafficking, therefore, considering the above facts, without commenting anything on the merits of the case, I deem it just and proper to enlarge the accused-petitioner on bail.

6. Accordingly, this bail application under Section 483 B.N.S.S. is allowed and it is ordered that the accused-petitioner Faisal Qureshi S/o Shree Shakeel Qureshi, in connection with FIR No.306/2024 registered at Police Station Transport Nagar (Jaipur City East), District Jaipur City (East), shall be enlarged on bail provided he furnishes a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge for his appearance before the court concerned on all the dates of hearing as and when called upon to do so.

7. The accused-petitioner is also directed to mark his presence on 25^th of every month till conclusion of trial before the concerned Police Station. The SHO of the concerned Police Station shall send the presence report of the accused-petitioner to the trial Court, every month. In case of any breach to the above condition, the learned Public Prosecutor shall be free to move the application against the petitioner for cancellation of the bail before the concerned Court.