The court granted bail based on the absence of possession and similar outcomes for co-accused individuals.

Order

23/05/2025 This application for bail under Section 483 of BNSS (439 Cr.P.C.) has been filed by the petitioner who has been arrested in connection with F.I.R. No.166/2021 registered at Police Station Sojat City, District Pali for offences under Sections 8/15 and 29 of the NDPS Act.

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

Learned counsel for the petitioner submits that as per prosecution story, acting upon secret information, during blockade the police signalled two Scorpio vehicles to stop. However, the occupants allegedly attempted to flee and opened fire at the police. While one of the vehicles managed to escape, the other was intercepted and seized. Upon searching the seized vehicle, the police allegedly recovered 404.600 kg of illegal narcotic contraband, namely Poppy Husk. During the course of investigation, one of the co-accused Jiyaram, allegedly disclosed that the present accused-petitioner had assisted in loading the said narcotic substance. Learned counsel further submits that the accused-petitioner has been falsely implicated in the present case and he has been made accused solely on the statement of co- accused Jiyaram. Learned counsel submits that nothing has been recovered from the active and conscious possession of the accused-petitioner. Learned counsel further submits that co- accused Mangilal, Jiyaram, Ghanshyam, have already been enlarged on bail by Co-ordinate Benches of this Court vide order dated 14.08.2024, 08.11.2023, 29.09.2022 passed in S.B. Criminal Miscellaneous Bail Application Nos. 9344/2024, 13798/2023, 12208/2022 respectively and the case of the present accused-petitioner is not distinguishable from that of the co- accused persons. Learned counsel submits that the petitioner is in custody since 28.01.2025 and the trial of the case will take sufficiently long time, therefore, the benefit of bail may be granted to the accused-petitioner.

Per contra, learned Public Prosecutor has vehemently opposed the bail application and submitted that the offence alleged to have been commited by the present petitioner is of serious nature. However, he is not in a position to dispute the fact that the co-accused Mangilal, Jiyaram, Ghanshyam, have already been enlarged on bail.

Having considered the rival submissions, facts and circumstances of the case, considering that no recovery has been made from the active and conscious possession of the present petitioner and the co-accused persons have already been enlarged on bail by co-ordinate Benches of this Court and the case of the present accused-petitioner is not distinguishable from that of the co-accused persons, therefore, without expressing any opinion on merits/demerits of the case, this Court is inclined to enlarge the petitioner on bail.

Consequently, the bail application under Section 483 of BNSS (439 Cr.P.C.) is allowed. It is ordered that the accused-petitioner Kishan S/o Hansraj, arrested in connection with F.I.R. No.166/2021 registered at Police Station Sojat City, District Pali, 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.