[2025:RJ-JP:30099] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 8315/2025 Jaswanta Ram S/o Bharmal Ram, Aged About 43 Years, R/o Village Khara Rathoran Vishnoiyo Ka Tala, P.s. Ramsar, Distt Barmer (Raj.) (At Present Accused Petitioner Confined In Central Jail Kota). ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent Connected With S.B. Criminal Miscellaneous Bail Application No. 8480/2025 Rinku S/o Chaturbhuj, Aged About 24 Years, R/o Village Kukda Kalan, Police Station Modak, District Kota Rural (Rajasthan) (At Present Confined In District Jail Kota). ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent S.B. Criminal Miscellaneous Bail Application No. 8481/2025 Durga Shankar S/o Shri Chotu Lal, Aged About 32 Years, R/o Dara Gaon (Mukundra), P.s Modak, District Kota Rural (Raj.). (At Present Confined In Central Jail Kota). ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Gaurav Jain Mr. Gajveer Singh Rajawat Mr. Samarth Sharma For Respondent(s) : Ms. Manju Dave, PP HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 05/08/2025 1. These instant applications for bail filed under Section 483 of BNSS by the applicants-accused Jaswanta Ram S/o Bharmal Ram, Rinku S/o Chaturbhuj and Durga [2025:RJ-JP:30099] (2 of 4) [CRLMB-8315/2025] Shankar S/o Shri Chotu Lal in FIR No.112/2025 dated 21.06.2025 registered at P.S. Bhimganjmandi, Kota City whereby the applicants-accused have been charged under Sections 8/15 and Section 8/29 of NDPS Act. 2. The applicants Jaswanta Ram S/o Bharmal Ram, Rinku S/o Chaturbhuj, Durga Shankar S/o Shri Chotu Lal, are 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 applications submits that the applicant are innocent and falsely implicated in the present case. Further he submitted that the investigation relating to present applicants-accused is complete and is no more required by the Investigating Agency for investigation. He further assures that in case, the applicants-accused are required for further investigation, the applicants-accused will be available for such investigation. He also submitted that the investigation/trial will take its own time and no purpose will be served by keeping the applicants-accused in custody. 4. Learned counsel for petitioner Jaswanta Ram submitted that the allegedly recovered quantity of contraband narcotics is less than commercial quantity and police has not followed mandatory provision of NDPS Act before effecting search and seizure. He further submitted that there is no criminal antecedents except case of road accident against the petitioner. 5. Learned counsel for petitioner Rinku and Durga Shankar submitted that no recovery is effected and on the basis of [2025:RJ-JP:30099] (3 of 4) [CRLMB-8315/2025] certain call details with accused Jaswanta, they were arrayed as accused under Section 8/29 of NDPS Act, but no material evidence is found against both of them. 6. Aforesaid contentions were opposed by learned Public Prosecutor. 7. Heard learned counsel for the applicants-accused and learned Public Prosecutor. Perused the material placed on record by both the parties. 8. On the basis of suspicion, a person was intercepted and total 23Kg 400gms poppy straw was recovered by Railway Colony Police Station, Kota City. The recovered quantity is less than commercial quantity. There are two cases relating to accident against petitioner Jaswant but there is no criminal background against Rinku and Durgalal. Charge-sheet has already been filed and disposal of case will take time. 9. 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-Jaswanta Ram S/o Bharmal Ram, Rinku S/o Chaturbhuj and Durga Shankar S/o Shri Chotu Lal . 10. Thus, the instant bail applications filed on behalf of applicants-accused Jaswanta Ram S/o Bharmal Ram, Rinku S/o Chaturbhuj and Durga Shankar S/o Shri [2025:RJ-JP:30099] (4 of 4) [CRLMB-8315/2025] Chotu Lal are hereby allowed and the applicants-accused Jaswanta Ram S/o Bharmal Ram, Rinku S/o Chaturbhuj and Durga Shankar S/o Shri Chotu Lal are ordered to be released on bail upon condition that each of petitioner would furnish a personal bond of ₹50,000/- with two sureties of ₹25,000/- each 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 cancelled. 11. The Registry is directed to send a copy of this order to the Trial Court through E-mail. (ASHOK KUMAR JAIN),J PREETI VALECHA /170-172