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2025 DAILYLAW 25833 (RAJ)

JAISINGH SAINI S/O LATE SH. BALDEV RAM v. UNION OF INDIA (NCB)

CRLMB/9638/2025 · 2025-08-29

Anil Kumar Upman

body2025

Judgment text

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[2025:RJ-JP:35511] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 4256/2025 Ayush Sadawat S/o Shri Rajendra Sadawat, Aged About 22 Years, R/o Behind Roadwayas Depot, Didwana Road, Nagaur, Raj. (At Present Confined In Central Jail, Jaipur). ----Petitioner Versus Ncb, Through Special Pp ----Respondent Connected With S.B. Criminal Miscellaneous Bail Application No. 9638/2025 Jaisingh Saini S/o Late Sh. Baldev Ram, Aged About 26 Years, R/o Rathori Kuan, Nagore, Raj. (At Present In Central Jail, Jaipur). ----Petitioner Versus Union Of India (Ncb), Through Special Prosecutor ----Respondent For Petitioner(s) : Mr. R.K. Mathur, Sr. Advocate with Mr. Rajendra Singh Raghav Mr. Praveen Balwada Mr. Virendra Singh Mr. Ankur Singh Tomar For Respondent(s) : Mr. Tej Prakash Sharma, Special PP For Narcotics Control Bureau HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 29/08/2025 1. These bail applications under Section 483 of BNSS have been filed on behalf of the petitioners, who have been arrested in connection with FIR No.VIII(IO)09/NCB/JPZU/2024 registered at Central Narcotics Bureau for offences under Sections 8/22 & 8/29 of NDPS Act, 1985. [2025:RJ-JP:35511] (2 of 3) [CRLMB-4256/2025] 2. Learned counsel for the petitioners submit that accused- petitioners have falsely been implicated in this case. They submit that admittedly, no contraband has been recovered from the possession of the petitioners and they have been made accused in this case solely on the basis of disclosure made by the co-accused Kavita Gurjar who has been found in possession of contraband MD. It is also argued that similarly situated co-accused Nitin has been granted benefit of bail by learned trial court. The petitioners in custody since their dates of arrest whereas trial will take considerable time in its conclusion. 3. Learned Special Public Prosecutor for NCB vehemently opposes the bail applications. He contends that huge quantity of contraband in commercial quantity has been recovered in the instant case and the petitioners were in constant touch via mobile phones with the co-accused Kavita from whom contraband has been recovered. It is also argued that during investigation, it has come out that several monetary transactions via banking channel took place between the petitioners and the said co-accused Kavita. So far as acceptance of bail application of the co-accused Nitin Bhakal is concerned, learned Special Public Prosecutor Shri Tej Prakash Sharma submits that a bail cancellation application has already been moved challenging the order granting bail and same is pending till date and that there were a few monetary transactions between accused Kavita and Nitin Bhakal. He argues that four cases under NDPS Act have already been registered against the accused Jai Singh Saini. With these submissions, he prays for dismissal of the bail applications. [2025:RJ-JP:35511] (3 of 3) [CRLMB-4256/2025] 4. Having regard to the totality of the facts and circumstances of the case and considering the arguments advanced at bar, as also looking to the fact that several monetary transactions have taken place via banking channel between the petitioners and accused Kavita from whom contraband in commercial quantity has been allegedly recovered; there are four other cases under NDPS Act against the accused Jai Singh and during investigation, it has come out that the accused petitioners were in constant touch with other accused, I am not inclined to enlarge the petitioners on bail. Accordingly, the bail applications are dismissed. However, the petitioners would be at liberty to renew the prayer of bail after recording testimony of seizure officer and investigating officer. The trial court is requested to record the testimony of these witnesses on priority basis. 5. The observation made hereinabove is only for disposal of the instant bail application and would not prejudice trial in any manner. (ANIL KUMAR UPMAN),J GAUTAM JAIN /733