[2025:RJ-JP:26145] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous II Bail Application No. 6844/2025 Junaid S/o Aameen, Aged About 28 Years, R/o Ward No. 1, Mataji Road Chot Ka Barwada, Distt. Sawai Madhopur Rajasthan. (At Present In District Jail Tonk) ----Accused/Applicant Versus State of Rajasthan, Through PP ----Respondent For Applicant : Mr. Ali Mohammed Khan, Adv. with Ms. Drishti Mishra, Adv. For Respondent : Ms. Arti Sharma, Dy.G.A. Mr. Vivek Sharma, Addl.G.A. Mr. Ramgilas, SI, SHO, P.S. Banetha, Tonk (present in person) HON'BLE MR. JUSTICE ASHUTOSH KUMAR Order 14/07/2025 1. The present second bail application has been filed by the accused-applicant. The first bail application filed on behalf of the accused-applicant has been dismissed as withdrawn by this Court vide order dated 23.04.2025 passed in S.B. Criminal Miscellaneous Bail Application No.1502/2025. 2. This second bail application has been filed by the accused- applicant under Section 483 of the B.N.S.S., 2023 against the order dated 22.01.2025 passed by learned Special Judge, Narcotic Drugs and Psychotropic Substances Cases, Tonk in Bail Application No.48/2025 arising out of FIR No.5/2025, registered at Police Station Uniyara, District Tonk for the offences punishable under Section 8/21 of Narcotic Drugs and Psychotropic Substances Act, [2025:RJ-JP:26145] (2 of 3) [CRLMB-6844/2025] 1985 (hereinafter referred to as the 'Act of 1985') and Section 3/25 of Arms Act, 1959 by which the bail application of the accused-applicant under Section 483 of the B.N.S.S., 2023 has been dismissed. 3. Learned counsel for the accused-applicant submits that the accused-applicant has falsely been implicated in this case. Learned counsel also submits that as per the impugned FIR, on 14.01.2025, 46.94 grams of 'smack' along with 16.12 grams of 'MDMA' was allegedly recovered from the possession of the accused-applicant, however, later on it was found that no 'MDMA' was recovered, rather the recovered substance was 'mephedrone'. Learned counsel argues that small quantity of 'mephedrone' is 2 grams and the commercial quantity is 50 grams and also, small quantity of 'smack' is 5 grams and the commercial quantity is 250 grams. Learned counsel further argues that though, the contraband recovered from the accused-applicant i.e. 'smack' and 'mephedrone' are above the small quantity but much less than the commercial quantity. 4. Learned counsel for the accused-applicant contends that the no other criminal case of similar nature has been registered against the accused-applicant. Learned counsel further contends that since 14.01.2025, the accused-applicant is behind the bars and charge-sheet has already been filed and trial will take long time to conclude, therefore, the accused-applicant be granted benefit of bail. 5. Learned counsel appearing on behalf of the State vehemently oppose this bail application. The Investigating Officer [2025:RJ-JP:26145] (3 of 3) [CRLMB-6844/2025] is present in person and submits the FSL Report dated 23.06.2025 wherein, it has been mentioned that the contraband recovered from the accused-applicant was 'mephedrone' and not 'MDMA'. The FSL Report dated 23.06.2025 is taken on record. 6. Heard learned counsel for the parties and also perused the material available on record. 7. Considering the overall facts and circumstances of the case, looking to the period of custody of the accused-applicant; the fact that no other criminal case of similar nature has been registered against the accused-applicant and charge-sheet has been filed and also 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 this second bail application filed by the applicant. 8. Consequently, this second bail application filed under Section 483 of the B.N.S.S., 2023 is allowed. It is ordered that accused- applicant Junaid S/o Aameen, arrested in connection with FIR No.5/2025, registered at Police Station Uniyara, District Tonk, 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/- 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 /188