[2025:RJ-JP:3252] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 125/2025 Mukesh S/o Chhotu, Aged About 35 Years, R/o Solankiyon Ka Kheda, Pachayat Badla, P.S. Badaliyas, District Bhilwara (Raj.) (At Present Lodged In Sub Jail Kekri). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Jai Prakash Gupta For Respondent(s) : Mr. N.S. Dhakar, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 22/01/2025 1. The instant bail application has been filed under Section 483 of BNSS on behalf of the petitioner, who has been arrested in connection with FIR No.265/2021 registered at Police Station Bhinay, District Ajmer (Rajasthan) for the offence punishable under Section 8/15 of NDPS Act. Later on, police filed charge- sheet in this matter for the offences punishable under Sections 8, 15, 25 & 29 of NDPS Act. 2. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. Counsel submits that petitioner has been made accused solely on the basis of the fact that petitioner is registered owner of the vehicle in question in which co-accused Sohanlal was carrying contraband. Counsel submits that petitioner was not having knowledge about the contraband in the vehicle. Counsel submits that the said vehicle [2025:RJ-JP:3252] (2 of 3) [CRLMB-125/2025] was sold by the petitioner to accused Sohanlal through agreement. Counsel submits that on account of certain difficulties, registration could not be transferred in the name of accused Sohanlal. Counsel submits that accused Sohanlal has been granted benefit of bail by this Court vide order dated 13.10.2023. Counsel submits that there are no criminal antecedents of the petitioner. Petitioner is in custody since 06.11.2024 and trial will take considerable time. Further custody of the petitioner would not serve any fruitful purpose. 3. Learned Public Prosecutor opposes the submissions made by counsel for the petitioner. He submits that considering the rigour of Section 37 of the NDPS Act, bail should not be granted. 4. I have considered the contentions. 5. Having regard to the totality of the facts and circumstances of the case; considering the arguments advanced by learned counsel for the parties especially the fact that co-accused who were found in possession of contraband have already been granted bail by this Court; charge-sheet has been filed; absence of criminal antecedents of the petitioner; trial will take time in its conclusion as well as looking to the period of custody served by the petitioner, but without commenting anything on merits and demerits of the case, I deem it proper to allow the bail application. 6. This bail application is accordingly allowed and it is directed that accused-petitioner- Mukesh S/o Chhotu 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 [2025:RJ-JP:3252] (3 of 3) [CRLMB-125/2025] 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. 7. 7. It is made clear that the accused petitioner shall not involve in any other similar offence during currency of the bail and he shall mark his presence on first week of every month in the concerned police station. 8. 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. 9. The SHO concerned is directed to maintain a register recording attendance of the accused, as mentioned above. In case, the petitioner fails to mark his attendance as mentioned above, the SHO shall intimate the trial court immediately. 10. 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 /245