HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 85/2025 Lekhraj S/o Shri Panchulal, Aged About 26 Years, R/o Bhavpur, Police Station Sarthal, District Baran (Rajasthan) (Presently Confined In Sub Jail Ramganj Mandi ) ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Dinesh Kumar Garg For Respondent(s) : Ms. Arti Sharma, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 07/01/2025 1. The instant bail application has been filed under Section 483 of B.N.S.S. on behalf of the petitioner, who has been arrested in connection with FIR No.176/2023 registered at Police Station Suket, District Kota Rural for the offences punishable under Section 8/15 of NDPS Act. During investigation, offences under Sections 8/15, 8/25 and 8/29 of NDPS Act have been found proved against the petitioner. 2. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. Counsel submits that no contraband has been recovered from the possession of the petitioner. It is submitted that petitioner has been made accused in this case simply on the basis of interrogation of the co-accused. He submits that interrogation of the co-accused cannot be used against the petitioner as same is hit by Section 25 of the Indian (2 of 3) [CRLMB-85/2025] Evidence Act. Counsel for the petitioner has relied upon the judgment rendered by Hon’ble Supreme Court in the case of Tofan Singh Vs. State of Tamil Nadu reported in AIR 2020 SC 5592. There are no criminal antecedents of the petitioner of similar nature. Petitioner is in custody since his date of arrest and trial will take considerable time. Further custody of the petitioner would not serve any fruitful purpose. 3. Learned State Counsel opposes the bail application. 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 petitioner, especially the fact that no recovery has been made from the possession of the petitioner and he has been made accused in this case solely on the basis of interrogation of the co-accused; there are no criminal antecedents under the NDPS Act so also keeping in view the law laid down by the Hon'ble Supreme Court in the case of Tofan Singh (Supra) as well as looking to the custody period, but without commenting anything on the merits or 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 Lekhraj S/o Shri Panchulal 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 (3 of 3) [CRLMB-85/2025] which the matter is transferred, on all subsequent dates of hearing and as and when called upon to do so. 7. However, it is made clear that the petitioner shall not involve in similar offence(s) during currency of bail granted by this Court. The petitioner is further directed to mark his presence in the concerned police station in first week of every month, till trial is concluded. 8. If breach of any 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 petitioner 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. (ANIL KUMAR UPMAN),J ANAND TANWAR /38