[2025:RJ-JP:22656] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Second Bail Application No. 5590/2025 Sameer Khan S/o Shree Latif Khan, Aged About 19 Years, R/o House Number 188, Shakti Colony Amagarh, Delhi Byepass Road, Police Station Transport Nagar, Jaipur. (At Present In Central Jail, Jaipur). ----Petitioner Versus The State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Avtar Singh Rathore For Respondent(s) : Mr. N.S. Dhakar, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 30/05/2025 1. This second bail application has been filed under Section 483 of BNSS on behalf of the petitioner, who has been arrested in connection with FIR No.284/2024 registered at Police Station Transport Nagar (Jaipur City (East)), District Jaipur City (East) (Rajasthan) for the offence punishable under Section 8/21 of NDPS Act. After completion of investigation, police filed charge-sheet in this matter for the offences punishable under Sections 8/21 & 8/29 of NDPS Act. 2. The first bail application filed on behalf of the petitioner was dismissed as withdrawn vide order dated 17.12.2024. Now, this second bail application has been preferred. [2025:RJ-JP:22656] (2 of 4) [CRLMB-5590/2025] 3. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. Counsel submits that according to the prosecution story, petitioner was present in a house along with co-accused persons and it was alleged that three persons were searched by the police in that house. Counsel submits that from the personal possession of the petitioner, 28 gms of smack was allegedly recovered. Counsel submits that admittedly house in question belongs to co-accused Faisal Qureshi. Counsel submits that charge-sheet has been filed in this matter. Counsel submits that petitioner does not have any criminal antecedents and trial will take considerable time in its conclusion. Petitioner is in custody since 21.10.2024 and further custody of the petitioner would not serve any fruitful purpose. 4. Learned Public Prosecutor opposes the prayer of bail made by learned counsel for the petitioner. He submits that petitioner has been found in possession of the 28 gms of smack and his presence in the house of co-accused Faisal Qureshi is well-established and said Faisal Qureshi was found in possession of 400 gms of smack. He further submits that all smack has been recovered from the possession of petitioner and co-accused persons, is in commercial quantity therefore, considering the rigour of Section 37 of the NDPS Act, benefit of bail should not be granted to the petitioner. 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 parties, especially considering the fact that according to the prosecution case, all three persons were found in possession of [2025:RJ-JP:22656] (3 of 4) [CRLMB-5590/2025] smack in separate quantities and petitioner was alleged found in possession of 28 gms of smack which is admittedly below commercial quantity, as also considering the fact that petitioner does not have any criminal antecedents and further considering that the charge-sheet has been filed in this matter as well as looking to the custody period, but without commenting anything on the merits/demerits of the case, I deem it fit and proper to allow this second bail application. 7. This second bail application is accordingly allowed and it is directed that accused-petitioner- Sameer Khan S/o Shree Latif Khan 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 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 any breach of these conditions is reported or come to the notice of the Court, the 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 [2025:RJ-JP:22656] (4 of 4) [CRLMB-5590/2025] his presence in the concerned police station, the concerned SHO is directed to immediately report the matter to the concerned Court in this regard. 11. The observation made hereinabove is only for decision of the instant bail application and would not have any impact on the trial of the case in any manner. (ANIL KUMAR UPMAN),J LALIT MOHAN /37