[2025:RJ-JP:29970] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 9442/2025 Sanjeev Kumar Shah S/o Sh. Lalu Shah, Aged About 32 Years, R/o J-C, Chanakya Place, Gali No.38, Uttam Nagar, Police Station Dabari, Distt. South West, New Delhi. (Presently Confined In Distt. Jail, Sawaimadhopur). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Neeraj Joshi, Adv. For Respondent(s) : Mr. Shree Ram Dhakar, PP HON'BLE MR. JUSTICE PRAVEER BHATNAGAR Order 05/08/2025 1. The instant bail application has been filed under Section 483 of B.N.S.S. on behalf of accused-petitioner. The accused-petitioner has been arrested in connection with FIR No.135/2024, registered at Police Station Rawanjana Doongar, District Sawai Madhopur, for the offence(s) under Sections 8/20 of the N.D.P.S. Act. 2. Learned counsel for the petitioner submits that the accused petitioner has falsely been implicated under Section 8/25 of the N.D.P.S. Act. It is also contended that the accused-petitioner entered into an agreement to sale the vehicle bearing No. WB- 15D-8669 to one Rohit Mahajan and was not in the possession of the said vehicle. The alleged contraband article containing the weight of 567.350 Kg of Ganja was recovered from the other co- accused namely- Rahul, Subhas, Moti Singh, Lallan and Nilesh, there is no evidence to the fact that the petitioner in connivance [2025:RJ-JP:29970] (2 of 3) [CRLMB-9442/2025] with the other co-accused namely- Rahul, Subhas, Moti Singh, Lallan and Nilesh supplied the said contraband article i.e., Ganja in the vehicle. It is also contended that in pursuance to the notice issued under Section 137 of the Police Act, the petitioner submitted the document showing that the said vehicle was handed over to Rohit Mahajan. It is further contended that the accused- petitioner is in custody since 19.06.2025 and the charge-sheet has already been submitted, trial of the case may take considerable time and there is no criminal antecedents against the accused- petitioner. It is further argued that other similarly placed co- accused Seesa Apanna and Samar Pandit have already been enlarged on bail by this Court vide order dated 05.03.2025, therefore, the bail application of the accused-petitioner may be allowed. 3. Learned Public Prosecutor has vehemently opposed the grant of bail application. It is contended that the contraband article was recovered from the vehicle bearing No. WB-15D-8669 and in the said vehicle co-accused were transporting the commercial quantity of Ganja and the petitioner’s vehicle was escorting the said vehicle and the provisions contained under Section 37 of the N.D.P.S. Act is applicable to the present case. At this juncture, it cannot be said that the petitioner was not involved in aiding the other co- accused, who were transporting Ganja in other vehicle, therefore, the bail application of the accused-petitioner may be dismissed. 4. Heard and perused the material available on the record. 5. It is not desirable to express anything on the merits of the case. Admittedly, the recovery of contraband article was made from the vehicle bearing No. WB-15D-8669 recovered from the [2025:RJ-JP:29970] (3 of 3) [CRLMB-9442/2025] possession of the other co-accused namely- Rahul, Subhas, Moti Singh, Lallan and Nilesh. There is no recovery of any contraband article affected from the possession of the petitioner. Therefore, considering the above facts, this Court deems it proper to enlarge the accused-petitioner on bail. 6. Accordingly, the bail application under Section 483 of B.N.S.S. is allowed and it is ordered that the accused-petitioner- Sanjeev Kumar Shah S/o Sh. Lalu Shah, in connection with FIR No.135/2024, registered at Police Station Rawanjana Doongar, District Sawai Madhopur, shall be enlarged on bail provided he furnishes a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge for his appearance before the Court concerned on all the dates of hearing and as and when called upon to do so. (PRAVEER BHATNAGAR),J Ashwani Kr Srivastava /-61