[2025:RJ-JP:28041] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous 5th Bail Application No. 8667/2025 Kunal Gupta S/o Shri Rajesh Gupta, Aged About 41 Years, R/o B- 1/96, Hari Marg, Malviya Nagar, Jaipur (Raj.) (At Present Confined At Central Jail Jaipur). ----Accused-Applicant Versus Narcotics Control Bureau, Through Special PP ----Respondent For Accused- Applicant(s) : Mr. Mahendra Shandilya, Adv. Mr. Manish Kumar Meena, Adv. For Respondent(s) : Mr. Tej Prakash Sharma, Spl. P.P. HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA Order 25/07/2025 The present 5th bail application has been filed under Section 483 of B.N.S.S. in connection with the case No. 01/2021 registered at Central Bureau of Narcotics, Jaipur for the offence under Sections 8/21, 22, 25, 26 and 29 of NDPS Act, 1985. Learned counsel for the accused-applicant submit that the accused-applicant has been falsely implicated in this case. He is behind the bars since 20.10.2023. Charges have been framed against the accused-applicant for the offence under Section 8/29 of the NDPS Act. Till now, statement of only two witnesses have been recorded by the trial Court. Evidence of PW-2 is yet to be completed. Learned counsel for the accused-applicant also submits that he was made an accused on the basis of statement of co-accused-Vipin Gupta, which is not admissible in evidence. Learned counsel for the accused-applicant further submits that [2025:RJ-JP:28041] (2 of 3) [CRLMB-8667/2025] accused-applicant was enlarged on bail by the Allahabad High Court, Lucknow Bench in criminal misc. bail application No. 15278/2023. Conclusion of trial will take long time. So, the accused-applicant be enlarged on bail. Learned Special Public Prosecutor has opposed the arguments advanced by learned counsel for the accused-applicant and submitted that the accused-applicant was engaged in supplying the contraband articles (intoxicated medicines) illegally. Recovered contraband articles (intoxicated medicines) are more than commercial quantity. Similar case is also pending against the accused-applicant at Lucknow Court. He also submits that the accused-applicant is a habitual offender. Earlier bail application was also dismissed by this Court. The said order was challenged before the Hon'ble Apex Court and the Hon'ble Apex Court also dismissed the same. So, looking to the gravity of offence, the 5th bail application filed by the accused-applicant be dismissed. I have considered the arguments advanced by learned counsel for the accused-applicant as well as learned counsel for the Special Public Prosecutor. Allegation against the accused-applicant is that he was engaged in supplying the contraband articles (intoxicated medicines). As per the statement of co-accused-Vipin Gupta, accused-applicant had supplied the contraband articles (intoxicated medicines) to him. Vipin Gupta was convicted by the trial Court. Earlier, the bail application filed by the accused- applicant was also dismissed before the Hon'ble Apex Court. So, looking to the gravity of offence and nature of allegation, I do not consider it a fit case to enlarge the accused-applicant on bail. [2025:RJ-JP:28041] (3 of 3) [CRLMB-8667/2025] Consequently, this Criminal Miscellaneous 5th Bail Application is dismissed. (NARENDRA SINGH DHADDHA),J Tahir/2