O R D E R

1. Leave granted.

2. The High Court of Rajasthan by the impugned judgment and order dated 12.09.2024 has rejected the appellant’s prayer for bail.

3. The appellant, figuring as an accused in FIR No. 23/2022 registered with Police Station Sadar, Nimbaheda, District Chittorgarh, Rajasthan, is in custody since 14.01.2022. It is Signature Not Verified D JAig Tit Ia Nll Dy Es Rig n Ke Ad U b Ry alleged in the FIR that the appellant committed offence Date: 2025.03.28 Reason:

punishable under Sections 8 and 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

4. Having heard learned counsel appearing for the respective parties and considering the fact that co-accused, Pukhraj, has been granted bail by the High Court by an order dated February 22, 2024 in S.B. Criminal Miscellaneous II Bail Application No. 1076/2024, we are of the considered view that the appellant is entitled to claim parity as well as grant of his prayer for release on bail.

5. Accordingly, we set aside the impugned judgment and order.

6. The appellant shall be released on bail, subject to such terms and conditions as may be imposed by the trial court.

7. We clarify that the observations made in this order and grant of bail will not be treated as findings on the merits of the case.

8. The appellant shall, however, appear before the trial court on the dates fixed, unless exempted; and should the appellant fail to appear on any date without justifiable cause or breaches any of the terms and conditions for grant of bail, the trial court shall be at liberty to cancel the bail.

9. The appeal is, accordingly, allowed on the aforesaid terms.

10. Pending application(s), if any, stand disposed of.

………....................J.

[DIPANKAR DATTA]

………....................J.

[MANMOHAN]

New Delhi;

March 27, 2025.

ITEM NO.10 COURT NO.14 SECTION II S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Special Leave to Appeal (Crl.) No(s). 18431/2024 [Arising out of impugned final judgment and order dated 12-09-2024 in SBCRMSBA No. 2065/2024 passed by the High Court of Judicature for Rajasthan at Jodhpur]

MAHAVEER SINGH Petitioner(s)

VERSUS STATE OF RAJASTHAN Respondent(s)

IA No. 302237/2024 - EXEMPTION FROM FILING O.T.

Date : 27-03-2025 This matter was called on for hearing today.

CORAM : HON'BLE MR. JUSTICE DIPANKAR DATTA HON'BLE MR. JUSTICE MANMOHAN For Petitioner(s) :Mr. H. D. Thanvi, Adv.

Mr. Nikhil Kumar Singh, Adv.

Mr. Achal Singh Bule, Adv.

Mr. Rishi Matoliya, AOR For Respondent(s) :Mr. Saurabh Rajpal, Adv.

Mr. Vinay Kumar Singh, Adv.

Ms. Nidhi Jaswal, AOR UPON hearing the counsel the Court made the following

O R D E R

1. Leave granted.

2. The appeal is allowed in terms of the signed order.

3. Pending application(s), if any, stand disposed of.

(JATINDER KAUR) (SUDHIR KUMAR SHARMA)

P.S. to REGISTRAR COURT MASTER (NSH)

[Signed order is placed on the file]