[2025:RJ-JP:22261] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 5360/2025 Basant Lal @ Nathuram S/o Shankerlal, Aged About 30 Years, R/o Mahuaa Kho, Police Station Aklera, District Jhalawad. (Accused In District Jail Jhalawad). ----Accused-Applicant Versus State of Rajasthan, Through PP ----Respondent For Applicant(s) : Mr. RR Goyal, Adv. For Respondent(s) : Ms. Arti Sharma, Dy.GA HON'BLE MR. JUSTICE ASHUTOSH KUMAR Order 27/05/2025 1. The present bail application has been filed by the accused- applicant under Section 483 of the B.N.S.S, 2023 against the order dated 28.03.2025 passed by learned Additional Sessions Judge No. 01, Gangapurcity in connection with FIR No.402/2023, registered at Police Station Gangapurcity, District Gangapurcity for the offence punishable under Section 8/21 of The Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the 'NDPS Act'), by which the bail application of the accused- applicant under Section 439 of Cr.P.C. has been dismissed. 2. Learned counsel for the accused-applicant submits that the accused-applicant has falsely been implicated in this matter. Learned counsel argues that as per the prosecution case, about 18.08 gm of 'Smack' was recovered from the possession of Yogesh Kumar and Dilkesh on 17.10.2023. Learned counsel also argues [2025:RJ-JP:22261] (2 of 3) [CRLMB-5360/2025] that the quantity of the contraband is much less than the commercial quantity. Learned counsel contends that co-accused Yogesh Kumar, from whose possession the contraband has been recovered, has been enlarged on bail by the learned trial Court itself. During investigation, police found that the said contraband was procured from co-accused Sarthak, who has also been enlarged on anticipatory bail by Co-Ordinate Bench of this Court (S.B. Criminal Miscellaneous Bail Application No.15152/2023) vide order dated 28.11.2023. Learned counsel also contends that the present accused-applicant has been made accused under Section 8/29 of NDPS Act. It is further contended that the case of the present accused-applicant is on better footing than the co- accused, who has already been enlarged on bail. Learned counsel submits that the learned trial Court has rejected the application of present accused-applicant on the ground that some other criminal cases are also pending against the accused-applicant. Learned counsel further submits that the accused-applicant was arrested on 08.03.2025 and since then, he is behind the bars. Learned counsel prays that the charge-sheet has been filed and trial will take long time to conclude, therefore, the accused-applicant be enlarged on bail. 3. On the other hand, learned Public Prosecutor opposes the bail application and contends that as many as six other criminal cases, including two cases under NDPS Act, have also been registered against the present accused-applicant, therefore, the bail application of the accused-applicant should be rejected. 4. Heard learned counsel for the parties and also perused the material available on record. [2025:RJ-JP:22261] (3 of 3) [CRLMB-5360/2025] 5. Having regard to the facts and circumstances of the case; considering the facts that the co-accused from whose possession the contraband has been recovered, has already been enlarged on bail by the learned trial Court; that similarly situated co-accused has also been enlarged on anticipatory bail by Co-Ordinate Bench of this Court; that the accused-applicant has been made accused under Section 8/29 of NDPS Act and as well as the fact that charge-sheet has been filed and the trial will take long time to conclude, but without expressing any opinion on the merits/demerits of the case, this Court deems it proper to allow the bail application filed by the accused-applicant. 6. Consequently, this bail application filed under Section 483 of the B.N.S.S, 2023 is allowed. It is ordered that accused-applicant Basant Lal @ Nathuram S/o Shankerlal, arrested in FIR No. 402/2023, registered at Police Station Gangapurcity, District Gangapurcity shall be released on bail; provided he furnishes personal bond in the sum of Rs.1,00,000/- and two solvent attested sureties of Rs.50,000/- each to the satisfaction of the learned trial Court. 7. Accused-Applicant 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 /174