[2025:RJ-JP:31693] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 6882/2025 1. Ajay S/o Ramfal, Aged About 20 Years, R/o House No. 1165, Billu Colony, Devi Mandir Ke Pass, Noorwala, Police Station Sadar Panipat, Haryana. (At Present Confined In Central Jail At Jaipur) 2. Vikas Kumar S/o Krishan Lal, Aged About 40 Years, R/o House No. 4472, Billu Colony, Devi Mandir Ke Pass, Noorwala, Police Station Sadar Panipat, Haryana. (At Present Confined In Central Jail At Jaipur) ----Petitioners Versus State Of Rajasthan, Through Pp ----Respondent Connected With S.B. Criminal Miscellaneous Bail Application No. 9763/2025 Sundar Lal Hajuri S/o Shri Bherulal Hajuri, Aged About 34 Years, R/o Village Dharla, Post Rawdada, Police Station Begu, District Chittorgarh, Raj. (At Present Accused Confined In Central Jail, Jaipur). ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Rajendra Singh Tanwar Mr. Nirmal Kumar Sharma For Respondent(s) : Mr. Vijay Singh Yadav, PP HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 13/08/2025 1. These applications for bail filed under Section 483 of BNSS by the applicants-accused Ajay S/o Ramfal, Vikas Kumar [2025:RJ-JP:31693] (2 of 4) [CRLMB-6882/2025] S/o Krishan Lal and Sundar Lal Hajuri S/o Shri Bherulal Hajuri in FIR No. 75/2025 dated 09.05.2025 registered at P.S. Jalupura District -Jaipur City (North), whereby the applicants-accused was charged under Sections 8/15 of NDPS Act. 2. The applicants were arrested and is in judicial custody since their arrest. The Court below has dismissed the bail application. 3. Learned counsel for the applicants relying upon grounds raised in bail application submits that the applicants are innocent and falsely implicated in the present case. Further, they submits that the investigation relating to present applicant-accused is complete and are no more required by the Investigating Agency for investigation. They further assures that in case, the applicants-accused are required for further investigation, the applicant-accused will be available for such investigation. He also submits that the investigation/trial will take its own time and no purpose will be served by keeping the applicant-accused in custody. 4. Learned counsel for petitioners submitted that as per prosecution, 3 gunny bags (crush capsule of opium residue) were recovered from possession of Ajay Kumar and Vikas Kumar but there is no recovery from possession of Sundar Lal. They further submitted that the police has not complied the mandatory provision under NDPS Act before effecting search and seizure. They also submitted that there is no criminal antecedents against petitioners and recovered quantity is less than commercial. They further submitted [2025:RJ-JP:31693] (3 of 4) [CRLMB-6882/2025] that no independent witness was procured before effecting search and seizure of contraband article and the recovery is contrary to provision of law. At last, he submitted that after investigation, police has filed charge-sheet. 5. Aforesaid contentions were opposed by learned Public Prosecutor. He has submitted report received from concerned police station and same is taken on record. 6. Heard learned counsel for the applicants-accused and learned Public Prosecutor. Perused the material placed on record. 7. On the basis of search and seizure on 09.05.2025 from possession of Ajay and Vikas, three gunny bags containing total 42 Kg of poppy husk were recovered and seized by police. After registration of case under NDPS Act, Charge- sheet has been filed against Vikas and Ajay but kept pending against Sundar Lal under Section 193(9) of BNSS. During pendency of these bail applications of Vikas and Ajay police has also arrested Sundar Lal and he has been charged under Section 8/29 of NDPS Act. The recovered quantity is less than commercial but there is no criminal antecedent. 8. Upon hearing the arguments and perusing the record, we have found that the applicants-accused are no more required in the investigation and they are in custody for quite some time. The further proceedings will take its own time, therefore, looking to entirety of facts and circumstances of the case and without expressing any opinion on merits of the case, the Court deems it appropriate to grant bail to the applicants-accused. [2025:RJ-JP:31693] (4 of 4) [CRLMB-6882/2025] 9. Thus, the bail applications filed on behalf of applicants- accused Ajay S/o Ramfal, Vikas Kumar S/o Krishan Lal, and Sundar Lal Hajuri S/o Shri Bherulal Hajuri, is hereby allowed and the applicants-accused are ordered to be released on bail on condition that each of the petitioners would furnish a personal bond of ₹50,000/- with two sureties of like amount to the satisfaction of the Trial Court with the following conditions:- (i) The applicants-accused shall not tamper with evidence or influence the witness in any manner. (ii) The applicants-accused shall not indulge in any criminal activity and shall not repeat any criminal offence punishable under the Law. (iii) The applicants-accused shall attend the hearing of the Trial Court on the date fixed by the Trial court or as and when asked to appear before the Trial Court. (iv) In case of any violation of above conditions, the bail granted to the applicants-accused shall be liable to be canceled. 10. The Registry is directed to send a copy of this order to the Trial Court through E-mail. (ASHOK KUMAR JAIN),J PREETI VALECHA /256-257