[2025:RJ-JP:20763] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR 1. S.B. Criminal Misc. Bail Application No. 16490/2024 Madanlal S/o Shri Gajanand, Aged About 42 Years, R/o Dokarikhoh, Police Station Sarthal, District Baran (Rajasthan). (Presently Confined In District Jail At Jhalawar) ----Accused-Applicant Versus State of Rajasthan, Through PP ----Respondent Connected With 2. S.B. Criminal Misc. Bail Application No. 1578/2025 Mohanlal S/o Champalal, Aged About 38 Years, R/o Dokrikho Police Station Sarthal District Baran (Raj.) (At Present Confine In Sub District Jail, Aklera, District Jhalawar (Raj.) ----Accused-Applicant Versus State of Rajasthan, Through PP ----Respondent 3. S.B. Criminal Misc. Bail Application No. 4371/2025 Rajulal S/o Banshilal, Aged About 32 Years, R/o Dokrikho Police Station Sarthal District Baran(Raj) (At Present Confined In Sub District Jail Aklera District Jhalawar(Raj) ----Accused-Applicant Versus State of Rajasthan, Through PP ----Respondent For Applicant(s) : Mr. Narsi Prasad Sharma, Adv. Mr. Rohit Khandelwal, Adv. For Respondent(s) : Ms. Arti Sharma, Dy.GA [2025:RJ-JP:20763] (2 of 4) [CRLMB-16490/2024] HON'BLE MR. JUSTICE ASHUTOSH KUMAR Order 16/05/2025 1. As these bail applications have been filed against the order of dismissal of bail applications of the present accused-applicants pertaining to the same FIR, they are being heard and decided by the instant common order. 2. The present bail applications have been filed by the accused- applicants under Section 483 of the B.N.S.S, 2023 against the orders dated 17.12.2024, 21.01.2025 & 24.03.2025 passed by learned Additional Sessions Judge Aklera, District Jhalawar (Raj.) in connection with FIR No. 468/2024, registered at Police Station Aklera, District Jhalawar for the offences punishable under Sections 8/15 & 8/25 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'NDPS Act'), by which the bail applications of the accused-applicants under Section 483 of the B.N.S.S, 2023 have been dismissed. 3. Learned counsel for the accused-applicants submits that the accused-applicants have falsely been implicated in these matters. Learned counsel for the accused-applicants argues that as per the prosecution case, about 2 Quintal 20 Kg 'poppy husk' has been recovered on 19.10.2024 from the house of one-Jeetmal. Learned counsel also argues that the present accused-applicants have been made accused under Section 8/29 of NDPS Act on the basis of information given by co-accused-Jeetmal and no recovery has been made from the present accused-applicants. Learned counsel contends that the co-accused-Jeetmal, from whose house the contraband has been recovered, has been enlarged on bail by [2025:RJ-JP:20763] (3 of 4) [CRLMB-16490/2024] learned trial Court itself vide order dated 31.12.2024 (certified copy of the order dated 31.12.2024 has been submitted by the learned counsel, which is taken on record). Learned counsel further contends that investigation is still going on which will take time to conclude. Learned counsel prays that the accused- applicant-Madanlal was arrested on 15.12.2024, accused- applicant-Mohanlal was arrested on 17.01.2025 and accused- applicant-Rajulal was arrested on 20.03.2025 and since then, they are behind the bars, therefore, the accused-applicants be enlarged on bail. 4. On the other hand, learned Public Prosecutor opposes the bail applications. 5. Heard learned counsel for the parties and also perused the material available on record. 6. Having regard to the facts and circumstances of the case and considering the facts that the present accused-applicants have been made accused in these cases on the basis of statement given by co-accused-Jeetmal during his interrogation; that no contraband has been recovered from the possession of the present accused-applicants; that co-accused-Jeetmal, from whose house the contraband has been recovered, has already been enlarged on bail by learned trial Court, but without expressing any opinion on the merits/demerits of the case, this Court deems it proper to allow the bail applications filed by the accused-applicants. 7. Consequently, these bail applications filed under Section 483 of the B.N.S.S, 2023 are allowed. It is ordered that the accused- applicants namely: 1. Madanlal S/o Shri Gajanand, 2. Mohanlal S/o Champalal & 3. Rajulal S/o Banshilal, [2025:RJ-JP:20763] (4 of 4) [CRLMB-16490/2024] arrested in FIR No. 468/2024, registered at Police Station Aklera, District Jhalawar shall be released on bail; provided each of them furnishes personal bond in the sum of Rs.1,00,000/- each and two solvent sureties of Rs.50,000/- each to the satisfaction of the learned trial Court. 8. Accused-applicants shall be required to appear before that Court on all dates of hearing and as and when called upon to do so. (ASHUTOSH KUMAR),J Mohita /32-34