[2025:RJ-JD:33865]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 6526/2025 Dinesh @ Kalu S/o Hiralal, Aged About 38 Years, R/o Finch, P.S.

Luni, District Jodhpur, Rajasthan (Presently Lodged In District Jail, Pratapgarh)

----Petitioner Versus State Of Rajasthan, Through Public Prosecutor ----Respondent For Petitioner(s) : Mr. Vijay kumar Gaur For Respondent(s) : Mr. Prem Singh Panwar, Public Prosecutor HON'BLE MR. JUSTICE MUKESH RAJPUROHIT

Order

29/07/2025 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.32/2022, registered at Police Station Dhamottar, District Pratapgarh, for the offences under sections

8/15, 25 and 29 of the NDPS Act.

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

learned counsel for the petitioner submitted that the present petitioner has been falsely implicated in this case as no recovery has been made from the conscious and direct possession of the present petitioner; he was apprehended by police solely on the basis of disclosure statement given by co-accused Kamal Rana wherein he stated that the narcotic contraband was loaded onto the truck pursuant to the directions of the present petitioner, with the intention of it being delivered to him. He further submitted that co- accused Dilip, Kamal Rana, and Dinesh have been enlarged on bail by the co-ordinate bench of this court vider order dated 19.12.2024 and 28.03.2023 passed in S.B criminal Misc. Bail Application Nos. 10673/2024 and 11800/2022 respectively; and the co-accused Sumera Ram from whose possession, the narcotic contraband was recovered, was enlarged on bail by the Hon'ble Apex Court. It is contended that no corroborative evidence is available on record to incriminate the present petitioner in this case.

It is further submitted that challan has been already filed;

however the petitioner is in judicial custody from 11.11.2024 and the trial/investigation of the case may take sufficiently long time to conclude; therefore the benefit of bail may be given to the present petitioner.

Per contra, the learned public prosecutor has vehemently opposed the bail application and submits that the seized contraband was about to be delivered to the present petitioner; and that 3 cases are registered against the accused-petitioner for the offences punishable under NDPS Act, therefore the benefit of bail may not be given to him.

Having considered the rival submissions, facts, and circumstances of the case; after perusal of record; considering the fact that nothing has been recovered from the conscious or direct possession of the petitioner, and that the petitioner is in judicial custody since 11.11.2024; 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 Dinesh Alias Kalu S/o Hiralal, arrested in connection with F.I.R. No. 32/2022, registered at Police Station Dhamottar, District Pratapgarh, shall be released on bail, if not wanted in any other case, provided he furnishes a personal bond of Rs. 2,00,000/- and two surety of Rs. 1,00,000/- each, to satisfaction of learned trial court, for his appearance before that court on each and every date of hearing and whenever called upon to do so till completion of the trial.

In addition to the above, petitioner is directed to appear before the concerned Police Station in the first week of every quarter of the year.

it is made clear that if the petitioner indulges in any similar kind of criminal activity, the learned Public Prosecutor shall be free to file an application for cancellation of bail.

(MUKESH RAJPUROHIT),J

63-Ramesh/-