[2025:RJ-JP:30023] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 2123/2025 Riya D/o Ajay Singh, Aged About 27 Years, R/o Chhotelalpur Pandaypur Thana Lalpur Varanasi, U.p. At Present Tenant Vipin Jain Ka Makan Moharu Nagar Manyavas Thana Mansarover Jaipur (Confined In Central Jail Jaipur) ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent Connected With S.B. Criminal Miscellaneous Bail Application No. 2198/2025 Piyush Jayaswal S/o Shri Gopal Jayaswal, Aged About 28 Years, R/o Plot No. 25B, Anita Colony, Rampura Road, P.s. Muhana, Jaipur. (At Present Confined In Central- Jail Jaipur) ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent S.B. Criminal Miscellaneous Bail Application No. 9668/2025 Suleman Khan @ Rahul Tomar @ Baba S/o Pyar Mohammad, Aged About 35 Years, R/o Shekho Wala Kua, Near Markas Masjid, Mundali, Police Station Mundali, District Meerut, U.p. (At Present Confined In Central Jail Jaipur). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Amit Kumar Sharma Ms. Swati Tank Mr. Anil Kumar Tailor Mr. Manish Yadav Mr. Anshuman Saxena For Respondent(s) : Mr. N.S. Dhakar, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 05/08/2025 1. These instant bail applications have been filed under Section 483 of BNSS, on behalf of the petitioners, who have been arrested [2025:RJ-JP:30023] (2 of 4) [CRLMB-2123/2025] in connection with FIR No.90/2025 registered at Police Station Mansarovar, District Jaipur City (South) (Raj.) for the offence punishable under Section 8/22 of NDPS Act. After completion of investigation, police filed charge-sheet in this matter for the offences punishable under Sections 8/22 and 8/29 of NDPS Act. 2. It is contended by learned counsel for the petitioners that the accused-petitioners have falsely been implicated in this case. Learned counsel submit that according to the prosecution case, on prior information, a vehicle i.e., Swift Car bearing registration No. RJ59-CF-5556 was searched by the police team wherein petitioners- Piyush Jayaswal and Riya were found in possession of contraband MDMA, weighing 6.03 gm & 13.68 gm, respectively including packaging material. Arguing the case of petitioner- Suleman Khan, counsel submits that he has been made accused in this case solely on the basis of police interrogation of co-accused persons who were found in possession of the contraband. Counsel submit that charge-sheet has been filed without obtaining the FSL. Counsel submit that in absence of FSL report, it cannot be concluded that alleged contraband recovered from the possession of the petitioners is MDMA. It is contended that there are no criminal antecedents of similar nature against the petitioners and trial will take considerable time in its conclusion. Counsel submit that petitioners are in custody since their date of arrest and further custody of the petitioners would not serve any fruitful purpose. 3. Learned Public Prosecutor opposes the submissions made by learned counsel for the petitioners and submits that commercial [2025:RJ-JP:30023] (3 of 4) [CRLMB-2123/2025] quantity of contraband has been recovered from the possession of petitioner- Riya and contraband recovered from the possession of petitioner- Piyush Jayaswal is above small quantity. 4. I have considered the contentions. 5. Having regard to the totality of the facts and circumstances of the case; considering the arguments advanced by learned counsel for the petitioners, especially considering the fact that till date, FSL report has not been placed before the trial court and in these circumstances, it cannot be concluded that petitioners were found in possession of contraband in commercial quantity, there are no criminal antecedents of similar nature against the petitioners and trial will take considerable time in its conclusion as well as looking to the custody period, but without commenting anything on the merits/demerits of the case, I deem it proper to allow these bail applications. 6. These bail applications are accordingly allowed and it is directed that accused-petitioners – 1) Riya D/o Ajay Singh, 2) Piyush Jayaswal S/o Shri Gopal Jayaswal and 3) Suleman Khan @ Rahul Tomar @ Baba S/o Pyar Mohammad shall be released on bail provided each of them furnishes a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) together with two sureties in the sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) each to the satisfaction of the learned Trial Court with the stipulation that they shall appear before that Court and any court to which the matter is transferred, on all subsequent dates of hearing and as and when called upon to do so. 7. It is made clear that the accused-petitioners shall not involve [2025:RJ-JP:30023] (4 of 4) [CRLMB-2123/2025] in any other offence(s) during currency of the bail and they shall mark their presence in first week of every month in the concerned police station. 8. Concerned SHO is directed to maintain a register recording the attendance of the petitioners, as directed above. In case the petitioners fail to mark their presence in the concerned police station, as directed above, the concerned SHO is directed to immediately report the matter to the concerned Court in this regard. 9. If any breach of these conditions is reported or come to the notice of the Court, the same shall alone be a reason for the trial court to cancel the bail granted to them by this Court. 10. Office is directed to send a copy of this order to the concerned SHO for necessary compliance. 11. The observations made hereinabove are only for decision of the instant bail applications and would not have any impact on the trial of the case in any manner. (ANIL KUMAR UPMAN),J GAUTAM JAIN /45-47