[2025:RJ-JP:5884] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 4610/2024 Bhagwan Singh S/o Gangaram, Aged About 30 Years, R/o Ugrapura @ Pipalkhoh, Police Station Ghatoli, District Jhalawar (Raj.) (Presently Confined In Sub Jail At Aklera). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Rohit Khandelwal For Respondent(s) : Ms. Arti Sharma, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 11/02/2025 1. The instant bail application has been filed under Section 439 of Cr.PC on behalf of the petitioner, who has been arrested in connection with FIR No.271/2023 registered at Police Station Ghatoli, District Jhalawar (Rajasthan) for the offences punishable under Sections 8/15, 8/25 & 8/29 of NDPS Act. Later on, police filed charge-sheet in this matter for the offences punishable under Sections 8/15, 8/25 & 8/29 of NDPS Act. 2. Learned counsel for the petitioner submit that petitioner has falsely been implicated in this case. Counsel submits that no contraband has been recovered from the possession of the petitioner. It is submitted that petitioner has been made accused in this case solely on the basis of police interrogation of the co- accused. Counsel relies upon the judgment rendered by Hon’ble Supreme Court in the case of Tofan Singh Vs. State of Tamil [2025:RJ-JP:5884] (2 of 3) [CRLMB-4610/2024] Nadu reported in AIR 2020 SC 5592. Petitioner is in custody since 07.02.2024 and trial will take considerable time. Further custody of the petitioner would not serve any fruitful purpose. 3. Learned Public Prosecutor opposes the submissions made by counsel for the petitioner. She submits that commercial quantity of contraband has been recovered at the instance of the co-accused. It is further submitted that one more case under the NDPS Act has been registered against the petitioner. 4. At this stage, learned counsel for the petitioner submits that no recovery was made from the possession of the petitioner in the case that is pending against him and he was made accused in that case solely on the basis of police interrogation of the co-accused. 5. I have considered the contentions. 6. Having regard to the totality of the facts and circumstances of the case; considering the arguments advanced by learned counsel for the petitioner, as also the fact that no contraband has been recovered from the possession of the petitioner; keeping in view the law laid down by the Hon'ble Supreme Court in the case of Tofan Singh Vs. State of Tamil Nadu reported in AIR 2020 SC 5592; charge-sheet has been filed in this matter; period of custody, but without commenting anything on the merits/demerits of the case, I deem it fit and proper to allow this bail application. 7. The bail application is accordingly allowed and it is directed that accused-petitioner Bhagwan Singh S/o Gangaram shall be released on bail provided he furnishes a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) together with two sureties in the sum of Rs.25,000/- (Rupees Twenty Five Thousand [2025:RJ-JP:5884] (3 of 3) [CRLMB-4610/2024] only) each to the satisfaction of the learned Trial Court with the stipulation that he shall appear before that Court and any court to which the matter is transferred, on all subsequent dates of hearing and as and when called upon to do so. 8. It is made clear that the accused-petitioner shall not involve in any other offence(s) during currency of the bail and he shall mark his presence in first week of every month in the concerned police station. 9. If breach of any of these conditions is reported or come to the notice of the Court, same shall alone be a reason for the trial court to cancel the bail granted to him by this Court. 10. Concerned SHO is directed to maintain a register recording the attendance of the petitioner. In case the petitioner fails to mark his presence in the concerned police station, the concerned SHO is directed to immediately report the matter to the concerned Court in this regard. (ANIL KUMAR UPMAN),J LALIT MOHAN 274