[2025:RJ-JP:50772]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 15589/2025 Gopal S/o Shri Durga, R/o Kadmali, Police Station Kotwali Nimbaheda, District Chittorgarh, Rajasthan. (At Present Confined In Central Jail Jaipur).

----Accused-Applicant Versus State Of Rajasthan, Through PP ----Respondent For Accused-Applicant(s) : Ms. Dipti Jain, Adv.

For Respondent(s) : Mr. Vivek Chaudhary, PP with Mr. Shubham Sain, AAAG HON'BLE MR. JUSTICE ASHUTOSH KUMAR

Order

16/12/2025

1. The present bail application has been filed by the accused- applicant under Section 483 of the B.N.S.S, 2023 against the order dated 28.10.2025 passed by learned Additional Sessions Judge Phagi, District Jaipur (hereinafter referred to as learned 'trial Court') in connection with FIR No. 126/2022, registered at Police Station Renwal Manji, District Jaipur Rural for the offences punishable under Section 8/20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'NDPS Act'), by which the bail application of the accused-applicant under Section 483 of the B.N.S.S, 2023 has been dismissed.

2. Learned counsel for the accused-applicant submits that the accused-applicant has falsely been implicated in this matter. Learned counsel argues that no contraband has been recovered from the possession of the accused-applicant and the present accused-applicant has been made accused in this case only on the basis of statement given by the co-accused. Learned counsel also argues that the charge against the accused-applicant is for the offence punishable under Section 8/29 of the NDPS Act. Learned counsel contends that the main accused persons namely; Sitaram Saini and Nachuram from whose possession the contraband has been recovered; have been enlarged on bail by the Co-ordinate Bench of this Court in S.B. Criminal Miscellaneous Bail Application No. 8787/2022 vide order dated 15.06.2022. Learned counsel further submits that the accused-applicant was arrested on 26.10.2025 and since then, he is behind the bars. Learned counsel prays that the investigation and trial will take long time to conclude, therefore, the accused-applicant be enlarged on bail.

3. On the other hand, learned Public Prosecutor opposes the bail application.

4. Heard learned counsel for the parties and also perused the material available on record.

5. Having regard to the facts and circumstances of the case and as per the prosecution case; on 22.05.2022 about 49.200 Kg of poppy husk was recovered from the possession of co-accused persons namely; Sitaram Saini and Nachuram, which was kept in a pickup; that the accused-applicant was not present at the spot where the contraband was recovered; that the allegation against the accused-applicant is that co-accused persons namely; Sitaram Saini and Nachuram bought the contraband from the present accused-applicant; that on the basis of statement of co-accused persons, the present accused-applicant has been made accused in this case for the offence punishable under Section 8/29 of the NDPS Act; that the main accused from whose possession the contraband has been recovered, have been enlarged on bail by the Co-ordinate Bench of this Court; that the accused-applicant is behind the bars since 26.10.2025; that the investigation and trial will take long time to conclude, but without expressing any opinion on the merits/demerits of the case, this Court deems it proper to allow the bail application filed on behalf of the accused-applicant.

6. Consequently, this bail application filed under Section 483 of the B.N.S.S, 2023 is allowed. It is ordered that accused-applicant Gopal S/o Shri Durga, arrested in FIR No. 126/2022, registered at Police Station Renwal Manji, District Jaipur Rural shall be released on bail; provided he furnishes personal bond in the sum of Rs.50,000/- and two solvent sureties of Rs.25,000/- each to the satisfaction of the learned trial Court.

7. The accused-applicant shall be req