Order

1. The instant bail application has been filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 on behalf of accused-petitioner in connection with FIR No.32/2026 registered at Police Station Shahpura, District Jaipur Rural for offences under Section 8/21, 8/22 and 8/29 of N.D.P.S. Act.

2. Learned counsel for the petitioner submits that no any contraband has been recovered from the possession of the present accused-petitioner however, the accused-petitioner has been arrayed as an accused with the aid of Section 8/29 of the NDPS Act. It has been alleged that the co-accused from whose possession the contraband has been recovered said to have stated that he was provided the alleged contraband by the present accused-petitioner. He further submits that the alleged contraband which has been recovered is Tramadol Capsule weighing about 149.8 gram, which is less than commercial quantity. He further submits that the Police after completion of investigation has already submitted charge-sheet and the accused-petitioner is in custody since 08.03.2026. Therefore, he may be released on bail.

3. Learned Public Prosecutor vehemently opposed the bail application.

4. Considered the submissions made by learned counsel for the petitioner as well as learned Public Prosecutor and also perused the material available on record.

5. Mere statement of the co-accused cannot be made a basis for conviction of an accused. The contraband which has been recovered from possession of the co-accused is less than commercial quantity.

6. Having regard to the submissions made by counsel for the petitioner and so also the fact that no any contraband has been recovered from the possession of the accused-petitioner and he is in custody since 08.03.2026, this Court without expressing any opinion on the merits or demerits of the case, deems just and proper to enlarge the accused-petitioner on bail.

7. Accordingly, the bail application under Section 483 B.N.S.S. is allowed and it is ordered that the accused-petitioner named above shall be enlarged on bail provided he furnishes a personal bond in the sum of Rs.1,00,000/- together with two sureties of Rs.50,000/- each to the satisfaction of the learned trial Judge for his appearance before the Court concerned on all the dates of hearing and as and when called upon to do so.

8. In case the accused-petitioner is found to be involved in any other criminal case of similar nature in future, the prosecution may move application for cancellation of his bail.