[2025:RJ-JP:12619] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No.3535/2025 Tosib Alias Tosif Khan S/o Aazad, Aged About 23 Years, R/o Mukeri Mohalla Jhalrapatan, Police Station- Jhalrapatan, District- Jhalawar (Raj.) (Presently Confined In District Jail At Jhalawar) ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Rajendra Singh Tanwar, Adv. Mr. Rajveer Singh Jhala, Adv. For Respondent(s) : Mr. Sudesh Saini, PP HON'BLE MR. JUSTICE PRAVEER BHATNAGAR Order 20/03/2025 1. The instant bail application has been filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 on behalf of accused-petitioner. The accused-petitioner has been arrested in connection with FIR No.340/2025, registered at Police Station Jhalawar Sadar, District Jhalawar for the offence(s) under Sections 8/20 and 8/29 of the N.D.P.S. Act. 2. Learned counsel for the petitioner submits that the accused- petitioner has falsely been implicated in this case. It is contended the accused-petitioner is in custody since 19.12.2024, charge- sheet has already been produced and the trial of the case may take considerable time. The recovered quantity of ‘ganja’ is 4kg 346 grams, which is below commercial quantity, therefore, the bail application of the accused-petitioner may be allowed. [2025:RJ-JP:12619] (2 of 3) [CRLMB-3535/2025] 3. Learned Public Prosecutor has vehemently opposed the grant of bail application. It is contended that the petitioner is a habitual offender and against him 3 criminal cases are pending under various offences, therefore considering the allegation levelled against the accused-petitioner, the bail application may be dismissed. 4. Heard and perused the material available on record. 5. The charge-sheet has already been produced against the accused-petitioner, the recovered quantity of contraband article is below commercial quantity, the accused-petitioner is in custody since 19.12.2024 and the trial of the case may take considerable time, therefore, without commenting anything on the merits of the case, I deem it just and proper to enlarge the accused-petitioner on bail. 6. Accordingly, the bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, is allowed and it is ordered that the accused-petitioner-Tosib Alias Tosif Khan S/o Aazad, in connection with FIR No.340/2025, registered at Police Station Jhalawar Sadar, District Jhalawar, shall be enlarged on bail provided he furnishes a personal bond in the 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 and as and when called upon to do so. 7. The accused-petitioner is also directed to mark his presence on 25th of every month till conclusion of trial before the concerned Police Station. The SHO of the concerned Police Station shall send the presence report of the accused-petitioner to the trial Court, every month. In case of any breach to the above condition, the [2025:RJ-JP:12619] (3 of 3) [CRLMB-3535/2025] learned Public Prosecutor shall be free to move the application against the petitioner for cancellation of the bail before the concerned Court. (PRAVEER BHATNAGAR),J Ashwani Kr Srivastava /-12