[2025:RJ-JP:11007] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous II Bail Application No. 3504/2025 Sanjay Kumar S/o Dayaram, Aged About 32 Years, R/o Badiya, Police Station- Susner, District- Agar (M.p.) (Presently Confined In District Jail At Jhalawar) ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Rajveer Singh Jhala For Respondent(s) : Mr. S.R. Dhakar, PP HON'BLE MR. JUSTICE PRAVEER BHATNAGAR Order 11/03/2025 1. The instant second bail application has been filed under Section 483 BNSS on behalf of accused-petitioner. The petitioner has been arrested in connection with FIR No.801/2024 registered at Police Station Kotwali Jhalawar, District Jhalawar for the offence(s) under Sections 8/18 and 8/29 of NDPS Act. 2. It is contended by learned counsel for the accused-petitioner that the first bail application of the accused-petitioner was dismissed vide order dated 24.01.2025 with the liberty to file afresh after filing of the charge-sheet. It is also contended that the charge-sheet has been filed against the accused-petitioner under Sections 8/18 and 8/29 of NDPS Act. 3. Learned counsel for the accused-petitioner submits that the accused-petitioner has falsely been implicated in this case. He further submits the alleged quantity of opium recovered from the possession of the accused-petitioner is 1 Kg 13 grams, which is [2025:RJ-JP:11007] (2 of 2) [CRLMB-3504/2025] below commercial quantity. The accused-petitioner is in custody since 23.12.2024, trial of the case may take considerable time, therefore, the second bail application of the accused-petitioner may be allowed. 3. Learned Public Prosecutor vehemently opposes the second bail application and submits that the accused-petitioner is a habitual offender and against which, five criminal cases were registered and out of them, one case was registered under Section 8/15 of NDPS Act, therefore, considering the criminal antecedents of the accused-petitioner, the second bail application of accused- petitioner may be dismissed. 4. Heard and perused the material available on record. 5. The recovered quantity of opium from the petitioner’s possession is intermediate quantity as provided under Section 8/18 of NDPS Act and the maximum punishment provided under the NDPS Act is imprisoned of upto 10 years. A case under Section 8/15 of NDPS Act is also pending against the accused-petitioner. Apart from the one case of NDPS Act, the accused-petitioner was also found to be involved in 3 other criminal cases pertaining to Sections 323, 294, 506, 427 and 34 of IPC and Section 3 of SC/ST Act, therefore, considering the criminal antecedents of the accused-petitioner, this Court is not inclined to enlarge the accused-petitioner on bail. 6. Accordingly, the second bail application of the accused- petitioner is hereby, dismissed. (PRAVEER BHATNAGAR),J Keshav/12