The court granted anticipatory bail due to lack of substantive evidence against the accused-petitioner and his willingness to cooperate with the investigation.

Order :

1. Apprehending his arrest in connection with FIR No.531/2024 registered at Police Station Sanganer, District Jaipur City (East) for the offence(s) under Section 8/20 of NDPS Act , the accused- petitioner has preferred this anticipatory bail application under Section 482 BNSS.

2. Learned counsel for the accused-petitioner submits that accused-petitioner has falsely been implicated in this case. It is contended that the recovery of contraband articles were effected from the possession of other co-accused Rohit Sahu and he has named the accused-petitioner. Apart from the possession of the disclosure statement of the other co-accused, there is no substantive evidence available on record. The accused-petitioner is ready and willing to cooperate with the investigation, therefore, anticipatory bail of the accused-petitioner may be allowed.

3. Learned Public Prosecutor has vehemently opposed the anticipatory bail application and contended that the accused- petitioner is a habitual offender and against him, two similar nature of cases were registered, therefore, considering the criminal antecedents of the accused-petitioner, the anticipatory bail application of the accused-petitioner may be dismissed.

4. Heard and perused the material available on record.

5. Considering the fact that the recovery of contraband articles containing 1Kg 750 grams Ganja were effected from the other co- accused Rohit Sahu and apart from the disclosure statement of Rohit Sahu, there is no substantive evidence available on record, that the accused-petitioner has supplied the Ganja to the other co-accused. The accused-petitioner is ready and willing to cooperate with the investigation, thus, without commenting anything on the merits of the case, I deem it just and proper to allow the anticipatory bail application of the accused-petitioner.

6. Accordingly, the anticipatory bail application under Section 482 BNSS is allowed and it is ordered that in the event of arrest of the petitioner Hemraj Meena S/o Shri Ramkaran, in connection with FIR No.531/2024 registered at Police Station Sanganer, District Jaipur City (East), he shall be released on bail, provided he furnishes a personal bond in the sum of Rs.50,000/- with two sureties in the sum of Rs.25,000/- each to the satisfaction of the S.H.O/I.O/Arresting Officer of the concerned Police Station on the following conditions:-

(i) that the petitioner shall make himself available for interrogation by a police officer as and when required;

(ii) that the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the court or any police officer, and (iii) that the petitioner shall not leave India without previous permission of the court.