[2025:RJ-JP:17829] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous III Bail Application No. 11331/2024 Gajanand S/o Late Shri Kanhaiyalal, R/o Ayodhyanagar, District Dausa (Raj.) (At Present Confined At District Sub Jail Neem Ka Thana, District Neem Ka Thana). ----Applicant Versus State of Rajasthan, Through PP ----Respondent Connected With S.B. Criminal Miscellaneous II Bail Application No. 351/2025 Taufiq Ali Bhati Son Of Shri Saleem Ali, Aged About 33 Years, Resident Of Ward No. 19, Near Shanichar Temple Khetdi District Jhunjhunu, Present Residing At Plot No. 15, Lohiya Colony, 200 Feet Bypass, Nearby National Handloom, Vaishali Nagar, Jaipur, And Plot No. 253, Boring Road, Raghunathpuri, Police Station Jhotwara, Jaipur (Raj.) (At Present Confined In District Jail, Sikar) ----Applicant Versus The State of Rajasthan, Through PP ----Respondent For Applicants : Mr. Rajesh Goswami, Adv. with Mr. Nikhil Sharma, Adv. Mr. Satyendra Singh Tanwar, Adv. (In S.B. Criminal Miscellaneous Bail Application No.11331/2024) Mr. Rajveer Singh Gurjar, Adv. (In S.B. Criminal Miscellaneous Bail Application No.351/2025) For Respondent : Mr. Vivek Sharma, Addl.G.A. HON'BLE MR. JUSTICE ASHUTOSH KUMAR Order 28/04/2025 1. As these bail applications have been filed pertaining to the same FIR, they are being heard and decided by the instant common order. [2025:RJ-JP:17829] (2 of 4) [CRLMB-11331/2024] 2. These bail applications have been filed by the accused- applicants under Section 483 of the B.N.S.S, 2023 in the matter arising out of FIR No.12/2020, registered at Police Station S.O.G., District ATS (SOG) for the offences punishable under Section 8/15 of Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the ‘Act of 1985’). 3. Learned counsel for the accused-applicants submit that the accused-applicants have falsely been implicated in this case. Learned counsel for the accused-applicants also submit that the accused-applicant-Gajanand was arrested on 15.03.2020 and the accused-applicant-Taufiq was arrested on 03.12.2021 and since then, they are behind the bars. Learned counsel further submit that in these cases, the charge-sheet has been filed and trial will take long time to conclude, therefore, on the basis of long incarceration, both the accused-applicants may be granted benefit of bail. 5. Learned counsel appearing on behalf of the accused- applicant-Taufiq submits that some other cases have been registered against him, however, in some of the cases he has been acquitted and in another case, he has already been enlarged on bail. 6. In support of their contentions, learned counsel for the accused-applicants have drawn attention of this Court towards the judgments passed by the Hon'ble Supreme Court in the cases of:- • Taufiq Ali @ Naresh S/o Sh. Salim Ali Vs. State of Rajasthan through PP reported in [(2017)2 CriC (Raj) 862] decided on 09.06.2017; [2025:RJ-JP:17829] (3 of 4) [CRLMB-11331/2024] • Ankur Chaudhary Vs. State of Madhya Pradesh [Petition(s) for Special Leave to Appeal (Crl.) No.4648/2024] decided on 28.05.2024; • Shambhulal Gurjar @ Rohit Vs. State of Rajasthan [Petition(s) for Special Leave to Appeal (Crl.) No.16671/2024] decided on 10.01.2025; • Amit Singh Moni Vs. State of Himachal Pradesh [Criminal Appeal No.668/2020] decided on 12.10.2020 & • Mohammad Salman Hanif Shaikh Vs. State of Gujarat [Petition(s) for Special Leave to Appeal (Crl.) No.5530/2022] decided on 22.08.2022. 6. Learned Additional Government Advocate vehemently opposes these bail applications and submits that in this case, 6000-7000 kg of 'poppy husk' has been recovered, therefore, the accused-applicants may not be granted benefit on bail. 7. Heard learned counsel for the parties and also perused the material available on record. 8. Admittedly, as per the prosecution case, 6000-7000 kg of 'poppy husk' has been recovered from the conscious possession of the acccused-applicant-Gajanand. The recovery has been made from the premises possessed by the accused-applicant-Taufiq and the accused-applicant Gajanand has been said to be agent (Munshi) of the accused-applicant Taufiq. Six other cases (of similar nature under the NDPS Act) have also been registered against the accused-applicant Taufiq. It is true that in some of the cases, the accused-applicant Taufiq has been enlarged on bail and in one case, he has been acquitted. However, having regard to the totality of the facts and circumstances of the case and looking to the huge quantity of the contraband recovered from the [2025:RJ-JP:17829] (4 of 4) [CRLMB-11331/2024] possession of applicants, this Court is not inclined to enlarge the accused-applicants on bail. 9. Accordingly, these bail applications filed by the applicants are dismissed. (ASHUTOSH KUMAR),J AARZOO ARORA /3-4