Order

1. The instant bail application has been filed by the petitioner under Section 483 BNSS who has been arrested in connection with the FIR No.0298/2024 dated 11.12.2024 registered at the Police Station Sadar Bhilwara, District Bhilwara, for the offences under Sections 8/25 of the NDPS Act.

2. Learned counsel for the petitioner submits that petitioner has been falsely implicated in the case with the allegation in the FIR that during nakabandi a vehicle (car) bearing registration No.RJ-37-CB-5090 was intercepted, however, the driver and another person sitting in the vehicle fled away from the spot and the contraband i.e. 114 kgs. 57 grams of poppy straw was recovered from the said vehicle. It is submitted that the petitioner has been implicated in the present case merely on the basis of being the registered owner of the said vehicle and no contraband has been recovered from the conscious and exclusive possession of the petitioner and he was not present at the spot at the time of alleged recovery. He also submits that the said vehicle was stolen prior to the alleged incident while his vehicle was parked outside a tea stall; and petitioner has lodged a complainant in this regard and an FIR No.34/2025 came to be registered on 03.02.2025 at Police Station- Gangrar, District Chittorgarh for offence under Section 303 (2) of BNS, 2023. He further submits that there is no other material available on record to connect the petitioner with the alleged contraband. The prosecution has failed to establish any nexus between the petitioner and the co-accused persons who fled from the spot. He submits that petitioner has no criminal antecedents. Thus, the petitioner deserves to be enlarged on bail.

3. Per contra, learned Public Prosecutor opposes the bail application, however, is not in a position to refute the fact that the petitioner has no previous antecedents and petitioner has been implicated in the case only on the ground that the petitioner was the registered owner of the offending vehicle and no recovery has been made from the petitioner and apart from this there is no evidence on record to implicate the petitioner in the case.

4. Having considered the submissions advanced at Bar by learned counsel for the parties and having regard to the entirety of facts and circumstances of the case as available on record; and looking to the fact that trial may take a long time to conclude and, without expressing any opinion on the merits/demerits of the case, this Court deems it fit to enlarge the petitioner on bail.

5. Consequently, the bail application is allowed. It is ordered that the accused petitioner

Raju Das S/o Balakdas,

arrested in connection with FIR No.0298/2024 dated 11.12.2024 registered at the Police Station Sadar Bhilwara, District Bhilwara, shall be released on bail; provided he furnishes a personal bond in the sum of Rs.50,000/- and two sureties of Rs.25,000/- each to the satisfaction of the learned trial Court, with a stipulation to appear before that Court on all dates of hearing and as and when called upon to do so.