[2025:RJ-JP:35893] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 9570/2025 Sanwarmal S/o Narayan Singh @ Surjaram, Aged About 45 Years, R/o Village Sigdola Bada, Police Station Nechhwa, District Sikar (Rajasthan) (At Present In Sub Jail Laxmangarh, Sikar) ----Petitioner Versus The State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Sanjay Khedar For Respondent(s) : Ms. Arti Sharma, PP HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 08/09/2025 1. The present bail application under Section 483 of BNSS is filed by the applicant-accused Sanwarmal S/o Narayan Singh @ Surjaram seeking bail in respect of a criminal case registered as FIR No.53/2025 dated 23.03.2025 registered at P.S. Nechhwa, District - Sikar, for the offence under Section 8/18 of NDPS Act. 2. Learned counsel for the applicant submits that the applicant has been falsely implicated in the matter and the investigation against him is complete and he is no more required in investigation. He further submits that there are no chance of fleeing of applicant accused from the jurisdiction of this Hon’ble Court. The applicant does not have any criminal antecedents. He also submits that the [2025:RJ-JP:35893] (2 of 4) [CRLMB-9570/2025] applicant undertakes not to repeat offence and cooperate with investigation/trial, which will take time. 3. Learned counsel for applicant submits that without complying provision under the NDPS Act, police has registered a case against the applicant-accused. He further submits that there is no record to show that the agricultural land on which cultivation of opium was found belongs to present applicant-accused. He further submits that on basis of information of unknown informer, police has suddenly undertaken search and seizure operation, but has not made compliance of mandatory provision of law. He also submits that that land in question is a joint Khatedari land and present applicant-accused is not an exclusive cultivator of the field. He also submits that plants were recovered and the case falls within definition of Section 8/18 (C) of NDPS Act. He also submits that this case does not falls in any of categorization of small quantity or commercial quantity. 4. Learned Public Prosecutor has vehemently opposed the bail application and submitted that the allegations are grave and serious in nature. 5. Heard learned counsel for the applicant-accused and learned Public Prosecutor. Perused the material placed on record by both the parties. 6. On basis of an information received by police on 23.03.2025, SHO, P.S. Nechhwa, has made search upon a field (agricultural land) allegedly in occupation of present applicant, and found that opium plants were cultivated on search, police has found 2100 plants of opium. As per [2025:RJ-JP:35893] (3 of 4) [CRLMB-9570/2025] revenue record of account No.41, Gyarsi Devi, Jagdish Prasad, Bhanwari Devi, Mukesh, Mahesh, Rajendra, Ram Chander, and Sanwra are joint Khatedar of land. After registration of case under Section 8/18 of NDPS Act, the matter is investigated, present applicant is arrested on 25.05.2025 and a charge-sheet has been filed after investigation. 7. The matter falls for punishment under Section 18(C) of NDPS Act and there is no criminal antecedents against the applicant-accused. A charge-sheet has been filed. 8. Upon hearing the arguments and perusing the record, we have found that the applicant-accused is no more required in the investigation and he is 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 applicant- accused 9. Thus, the instant bail application filed on behalf of applicants-accused Sanwarmal S/o Narayan Singh @ Surjaram, is hereby allowed and ordered to be released on bail upon furnishing a personal bond of ₹50,000/- with two sureties of like amount to the satisfaction of the Trial Court with the following conditions:- (i) The applicant-accused shall not tamper with evidence or influence the witness in any manner. [2025:RJ-JP:35893] (4 of 4) [CRLMB-9570/2025] (ii) The applicant-accused shall not indulge in any criminal activity and shall not repeat any criminal offence punishable under the Law. (iii) The applicant-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 applicant-accused shall be liable to be canceled. 10. The Registry is directed to send a copy of this order to the Trial Court through E-mail. (ASHOK KUMAR JAIN),J GAURAV /137