Order

1. Heard learned counsel for the parties as well as perused the material available on record.

2. The instant bail application has been filed by petitioner under Section 483 B.N.S.S. in connection with FIR No.154/2024 dated 17.06.2024 registered at Police Station Bijoliya, District Bhilwara for the offence under Sections 8/15 of the NDPS Act.

3. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case. He submits that, as per the prosecution story, on 17.05.2024, the SHO of Police Station Bijoliya lodged a report stating that during routine nakabandi within his jurisdiction, upon reaching Chand Ji Ki Kheri, Constable Shiv Pal informed him that three vehicles, including a white Scorpio bearing registration No. RJ-06-UD-0122, were allegedly transporting illegal contraband (poppy husk/straw) from Madhya Pradesh. Acting on this information, the police team set up a barricade near Forest Chauki on Kasya Sigoli Road. After some time, when the said vehicles approached the barricade, the drivers, upon noticing the police presence, accelerated and attempted to flee. The police team chased the Scorpio and apprehended its driver, who had attempted to escape. After allegedly complying with the procedure prescribed under the NDPS Act, the police conducted a search of the Scorpio, during which three sacks containing poppy husk/straw weighing 425 kg, along with two country-made pistols, were recovered. Learned counsel for the petitioner submits that the petitioner was traveling in a separate vehicle, namely a Creta, whereas the alleged contraband was recovered from the Scorpio, in which co-accused Shyamlal was travelling and allegedly transporting the said contraband. He also submits that no recovery has been effected from either the petitioner or the Creta vehicle. He also submits that the co-accused Shyamlal has been enlarged on bail by the Co-ordinate Bench of this Court vide order dated 28.11.2025 passed in SBCRLMB No.11068/2025. It is further submitted that the petitioner has been falsely roped in merely on the ground that his vehicle Creta was just behind the offending vehicle Scorpio. Counsel for the petitioner submits that the petitioner has no prior criminal antecedents of a similar nature, thus he urges that the petitioner deserves to be enlarged on bail.

4. Learned Public Prosecutor opposes the bail application; however, he is not in a position to refute that the petitioner was traveling in a separate vehicle, namely a Creta, and that the alleged contraband was recovered from the Scorpio in which co-accused Shyamlal was traveling. He is not in a position to dispute that no recovery has been effected from either the petitioner or the Creta vehicle. He further does not controvert the submission that the co-accused Shyamlal has been enlarged on bail by the Co-ordinate Bench of this Court and the petitioner has been implicated primarily on the allegation that his vehicle was following the offending Scorpio, and that the petitioner has no prior criminal antecedents of a similar nature.

5. In view of above and, having regard to the entirety of facts and circumstances of the case as available on record and looking to the fact that the trial will consume time and without expressing any opinion on the merits/demerits of the case, this Court is of the opinion that the petitioner deserves to be released on bail.

6. Accordingly, the bail application under Section 483 B.N.S.S. is allowed and it is ordered that the accused-petitioner -

Joraram

S/o Chhogaram,

arrested in relation to FIR No.154/2024 dated 17.06.2024 registered at Police Station Bijoliya, District Bhilwara shall be enlarged on bail provided he furnishes a personal bond in sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge for his appearance before the Court concerned on all the dates of hearing as and when called upon to do so.