The court granted bail considering lack of flight risk and the absence of threat to the trial process.

Order

03/10/2025

1. The present bail application under Section 483 of BNSS is filed by the applicant-accused Narendra S/o Chotulal, seeking bail in respect of a criminal case registered as FIR No.357/2025 dated 18.08.2025 registered at P.S. Bhawani Mandi, Jhalawar for the offence under Sections 8 ,22 and 29 of NDPS Act .

2. Learned counsel for the applicant submits that the applicant, has been falsely implicated in the matter and the investigation against him is complete and he is no more required in investigation. He further submits that there are no chance of fleeing of applicant-accused from the jurisdiction of this Hon’ble Court. He also submits that the applicant undertakes not to repeat offence and cooperate with investigation/trial, which will take time.

3. Learned counsel for applicant-accused submits that without complying mandatory provisions under the NDPS Act present petitioner was searched by police. He further submits that without ensuring attendance of independent witnesses the entire proceedings were drawn by the police and no liberty of search was afforded in presence of learned Magistrate. Learned counsel further submits that recovered quantity is less than commercial quantity and there is no case under the NDPS Act other than the present case, therefore the applicant may be enlarged on bail.

4. Learned Public Prosecutor has vehemently opposed the bail application and submits factual report dated 03.10.2025.

The same is taken on record.

5. Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material placed on record by both the parties.

6. On 18.08.2025 Ramesh Chand Meena, SHO PS-Bhawani Mandi, Jhalawar has intercepted present petitioner accused on suspicion and after ensuring possession of contraband article a notice under Section 50 of NDPS Act was served upon him and on search six gram of MDMA (Methylenedioxymethamphetamine) was recovered in plastic pouch, the weight of the same is six grams. After drawing memo police has registered a case under Section 8 /22 of NDPS Act and arrested present petitioner accused. There is one more criminal case under Section 498-A and 406 of IPC against present petitioner. Recovered quantity is more than small but less than commercial quantity. The accused-

petitioner is in custody since 18.08.2025.

7. Having considered the submissions advanced on behalf of both parties and upon perusal of the material available on record, the Court finds that the grounds raised in support of the bail application, coupled with other facts such as absence of any apprehension regarding absconding of applicant- accused, tampering with evidence, or influencing witnesses, it is justified to grant of bail.

8. Thus, the instant bail application filed on behalf of applicant-

accused Narendra S/o Chotulal, is hereby allowed and the applicant-accused is ordered to be released on bail with condition that applicant would furnish a personal bond of ₹50,000/- with two sureties of like amount to the satisfaction of the Trial Court with the following conditions:-

(i) The applicant-accused shall not tamper with evidence or influence the witness in any manner.

(ii) The applicant-accused shall not indulge in any criminal activity and shall not repeat any criminal offence punishable under the Law.

(iii) The applicant-accused shall attend the hearing of the Trial Court on the date fixed by the Trial court or as and when asked to appear before the Trial Court.

(iv) In case of any violation of above conditions, the bail granted to the applicants-accused shall be liable to be canceled.

9. The Registry is directed to send a copy of this order to the Trial Court through E-mail.