[2025:RJ-JP:35714] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 9080/2025 Bharat Singh S/o Jagdish Singh, Aged About 40 Years, R/o Ward No. 3, Village Ajitgarh, Police Station Ajitgarh, Tehsil Shri Madhopur, District Sikar, Rajasthan. (At Present In Sub Jail, Neem Ka Thana). ----Petitioner Versus The State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Gajendra Singh Rathore For Respondent(s) : Mr. Vijay Singh Yadav, PP HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 03/09/2025 1. Instant application for bail is filed under Section 483 of BNSS by the applicant-accused Bharat Singh S/o Jagdish Singh in FIR No. 230/2025 dated 25.06.2025 registered at P.S. Ajitgarh, District -Sikar, whereby the applicant-accused was charged under Section 8/21 of NDPS Act. 2. The applicant was arrested and is in judicial custody since his arrest. The Court below has dismissed the bail application. 3. Learned counsel for the applicant relying upon grounds raised in bail application submits that the applicant is innocent and falsely implicated in the present case. Further, he submits that the investigation relating to present applicant-accused is complete and is no more required by the Investigating Agency for investigation. He further assures that in case, the applicant-accused is required the [2025:RJ-JP:35714] (2 of 3) [CRLMB-9080/2025] applicant-accused will be available. He also submits that the trial will take its own time and no purpose will be served by keeping the applicant-accused in custody. 4. Learned counsel for applicant submits that the recovered quantity of smack is less than commercial, but little higher than small. He submitted that applicant undertake not to repeat the offence. 5. Aforesaid contentions were opposed by learned Public Prosecutor and he submitted that 2 more similar nature of cases, were registered against applicant-accused and he is habitual offender. 6. Heard learned counsel for applicant and learned Public Prosecutor. Perused the material placed on record. 7. On basis of sudden interception of applicant-accused and Search and Seizure Officer, 8.7 grams smack was recovered from conscious possession of applicant-accused, and a report is registered and applicant-accused was arrested on 25.06.2025. 8. The criminal antecedents submitted by learned Public Prosecutor indicate that 2 more cases under Section 8/21 of NDPS Act were registered against applicant-accused at Police Station Ajitgarh in year 2023 and 2024 respectively, wherein charge-sheet has been filed. Now again, the applicant- accused has committed identical nature of offence. 9. Having considered the totality of facts and circumstances of the case, it is not appropriate to grant bail to applicant- accused Bharat Singh S/o Jagdish Singh till recording of statement of Search and Seizure Officer. [2025:RJ-JP:35714] (3 of 3) [CRLMB-9080/2025] 10. In view of discussion made hereinabove, the instant bail application preferred by applicant-accused Bharat Singh S/o Jagdish Singh under Section 483 of BNSS, is hereby dismissed. 11. However, Trial Court is directed to record statement of Search and Seizure Officer after filing of charge-sheet on priority basis. (ASHOK KUMAR JAIN),J GAURAV /208