[2025:RJ-JP:36449] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 10258/2025 Salim S/o Gugankhan, Aged About 45 Years, R/o Mehada Jatuwas, Police Station Mehada, District Jhunjhunu, Rajasthan. (At Present Lodge At Sub District Jail Khetri, District Jhunjhunu (Raj.) ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Sudhir Yadav Ms. Kiran Yadav For Respondent(s) : Mr. Vijay Singh Yadav, PP HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 09/09/2025 1. The present bail application under Section 483 of BNSS is filed by the applicant-accused Salim S/o Gugankhan seeking bail in respect of a criminal case registered as FIR No.131/2025 dated 26.07.2025 registered at P.S. Mehada District - Jhunjhunu, for the offence under Sections 8/21 and 8/22 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 applicant undertakes not to repeat offence and cooperate with investigation/trial, which will take time. [2025:RJ-JP:36449] (2 of 3) [CRLMB-10258/2025] 3. Learned counsel for applicant submits that before effecting recovery under the NDPS Act, the police has not followed the mandatory provisions under the NDPS Act. He further submits that 128 tramadol capsules were recovered from present applicant and there is no criminal antecedents against the applicant. The recovered quantity is less than commercial. He placed on reliance upon bail order dated 25.08.2025 in case of Ramsingh Vs. State of Rajasthan in bail application No. 10703/2025 and order dated 27.08.2025 in case of Mahendra Vs. State of Rajasthan in bail application No. 10296/2025. 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 petitioner-accused and learned Public Prosecutor. Perused the material placed on record by both the parties. 6. On basis of suspicion present applicant was interecepted on 26.07.2025 by Bhajna Ram SHO, PS Mehada, District Jhunjhunu and on search of 128 capsules of Dicyclomine HCL Tramadol HCL & Acetaminophen Capsules (PROXYCO SPAS) were recovered from possession of applicant-accused and a case is registered under Sections 8/21 and 8/22 is registered. According to case diary, the recovered quantity is 76.8 gram which is less than commercial. There is no criminal antecedents against the applicant. 7. Upon hearing the arguments and perusing the record, we have found that the applicant-accused is no more required in [2025:RJ-JP:36449] (3 of 3) [CRLMB-10258/2025] 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. 8. Thus, the instant bail application filed on behalf of applicant- accused Salim S/o Gugankhan, is hereby allowed and the applicant-accused is 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. (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. 9. The Registry is directed to send a copy of this order to the Trial Court through E-mail. (ASHOK KUMAR JAIN),J MONU /74