[2025:RJ-JP:22098] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 6158/2025 Nijju S/o Kamruddin, R/o Village Botalganj, Pipliya Mandi, District Mandsor (Madhya Pradesh) (At Present In Central Jail, Ajmer). ----Accused/Applicant Versus The State of Rajasthan, Through PP ----Respondent For Applicant : Mr. Shyam Bihari Gautam, Adv. For Respondent : Ms. Arti Sharma, Dy.G.A. with Mr. Vivek Sharma, Addl.G.A. HON'BLE MR. JUSTICE ASHUTOSH KUMAR Order 26/05/2025 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 03.05.2025 passed by learned Special Judge, Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the 'Act of 1985') and Additional Sessions Judge, No.1, Beawer, District Ajmer in Bail Application No.162/2025 arising out of FIR No.396/2021, registered at Police Station Jawaja, District Ajmer for the offence punishable under Section 8/15 of the Act of 1985 by which the bail application of the accused-applicant under Section 483 of B.N.S.S., 2023 has been dismissed. 2. Learned counsel for the accused-applicant submits that the accused-applicant has falsely been implicated in this case. Learned counsel for the accused-applicant also submits that in this [2025:RJ-JP:22098] (2 of 3) [CRLMB-6158/2025] case, on 26.11.2021, about 88.9 kg of 'poppy husk' was recovered from one 'Pickup' bearing registration Number 'MP 14 GC 1079', which was being driven by driver Bilal accompanied by Sheru, at the time of recovery of the contraband. Learned counsel further submits that the above-mentioned accused persons were arrested on the spot and an FIR against them was registered for the offence punishable under Section 8/15 of the Act of 1985, however, the present accused-applicant has been made accused in this case, on the basis of his ownership of the alleged vehicle, from which the contraband was recovered. Learned counsel further submits that vide order dated 08.11.2023, the co-accused Bilal has already been granted benefit of bail by this Court in S.B. Criminal Miscellaneous Bail Application No.5178/2023 and the other co-accused Sheru has also been granted benefit of bail by learned trial Court itself vide order dated 21.11.2023 in Bail Application No.419/2023 and case of the present accused- applicant is rather on a better footing than them. 3. Learned counsel for the accused-applicant contends that the charge-sheet has already been filed and trial will take long time to conclude. Learned counsel further contends that since 06.02.2025, the accused-applicant is behind the bars, therefore, the accused- applicant be enlarged on bail. 4. Learned Deputy Government Advocate along with learned Additional Government Advocate vehemently oppose this bail application. 5. Heard learned counsel for the parties and also perused the material available on record. [2025:RJ-JP:22098] (3 of 3) [CRLMB-6158/2025] 6. Admittedly, the present accused-applicant has been made accused in this case only because he is owner of the alleged vehicle from which the contraband was recovered. The other co- accused persons namely Bilal and Sheru, from whose possession the contraband was recovered, have already been enlarged on bail by this Court and learned trial Court respectively. The accused- applicant was arrested on 06.02.2025 and since then, he is behind the bars. 7. Considering the overall facts and circumstances of the case, period of custody of the accused-applicant; the co-accused persons have already been granted benefit of bail and also that 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 applicant. 8. Consequently, this bail application filed under Section 483 of the B.N.S.S., 2023 is allowed. It is ordered that accused-applicant Nijju S/o Kamruddin, arrested in connection with FIR No.396/2021, registered at Police Station Jawaja, District Ajmer shall be released on bail; provided he furnishes personal bond in the sum of Rs.50,000/- and two solvent attested sureties of Rs.25,000/- to the satisfaction of the trial Court. 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 AARZOO ARORA/262