[2025:RJ-JD:55058]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 15107/2025 Bablu Singh S/o Pratap Singh, Aged About 30 Years, Resident Of Village Satta Post Doni Tehsil Mori Police Station Mori District Uttarkashi Uttarakhand (At Present Lodged In District Jail Udaipur)

----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Gopal Singh Bhati For Respondent(s) : Mr. Sameer Pareek, PP HON'BLE MR. JUSTICE GANESH RAM MEENA

Order

18/12/2025

1. This bail application has been filed by the accused-petitioner under Section 483 B.N.S.S., in connection with FIR No. 09/2025 registered at the Police Station Ghantaghar, District Udaipur for the offences punishable under Section 8/20 & 29 of NDPS Act.

2. Counsel for the petitioner submits that the accused- petitioner has falsely been implicated in this case. Counsel further submits that the main accused Manish has already been enlarged on bail by a Coordinate Bench of this Court in CRLMB No.1635/2025 vide order dated 07.02.2025. He further submits that the contraband in question is below commercial quantity. The trial will take its own time and therefore, the petitioner may be released on bail.

3. Learned Public Prosecutor opposed the bail application.

4. Considered the submissions made by learned counsel for the petitioner and learned Public Prosecutor.

5. The Hon’ble Apex Court in the case of Puranmal Jat Vs. State of Rajasthan in Criminal Appeal No.3394/2023 arising out of SLP (Crl.) No.10670/2023 decided on 02.11.2023 has enlarged the accused therein on bail and observed as under:-

“The allegations against the appellant relate to commission of offence under the provisions of Sections 8 and 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter called “the Act”). Alleged recovery from him is about 35 kgs. and 150 grams Doda Posh (Poppy straw). The commercial quantity for poppy straw is 50 kgs. The appellant is in custody for over seven months. Charge-sheet has been submitted in the case. The recovered contraband item having weight less than the stipulated commercial quantity, the restriction on grant of bail under Section 37 of the Act does not apply in his case. We do not think his continued detention pending trial is necessary in the given circumstances.”

5. Having regard to submissions made by learned counsel for the petitioner and so also the fact that the main accused has been enlarged on bail and the contraband in question is below commercial quantity, this Court without expressing any opinion on the merits and demerits of the case, deems it just and proper to enlarge the accused-petitioner on bail.

6. Accordingly, this bail application is allowed and it is directed that accused-petitioner shall be released on bail provided that he furnishes a personal bond in the sum of Rs. 1,00,000/- (Rupees One Lac Only), together with two sureties in the sum of Rs. 50,000/- (Rupees Fifty Thousand Only) each to the satisfaction of the trial Court with the stipulation that he shall appear before that Court or any Court to which the matter is transferred, on all subsequent dates of hearing and as and when called upon to do so.

( GANESH RAM MEENA),J

479-Amit/-