[2025:RJ-JP:22841] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Misc. 3rd Bail Application No. 10067/2024 Kushal Singh S/o Shri Dharmveer Singh Sansi, Aged About 21 Years, R/o 43, Ganesh Vihar Colony, Boharo Ka Bas, Nevta Road, Muhana, Police Station Muhana, Jaipur-South (Raj.) (At Present Confined At Central Jail, Jaipur). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent Connected With S.B. Criminal Misc. 3rd Bail Application No. 10246/2024 Badal S/o Shri Ajad Khan, Aged About 20 Years, R/o Nagla Kalendra Korai, Tehsil Kirawali, Police Station Kirawali, District Agra, Uttar Pradesh, Presently Private Naukari Kushal Singh Sasi, Plot No. 43, Ganesh Vihar Colony, Bahron Ka Bas, Nevta Road, Muhana, Police Station Muhana, Jaipur. (At Present Confined At Central Jail Jaipur). ----Petitioner Versus 1. State Of Rajasthan, Through PP 2. Dileep Kumar Khadav, I.S., Police Station Muhana, Jaipur, Resident Of Jatawas, Kawas, Nagana, Barmer (Rajasthan). ----Respondents For Petitioner(s) : Mr. Rajveer Singh Gurjar Mr. Umesh Dixit For Respondent(s) : Mr. Tapesh Agarwal, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 30/05/2025 1. These instant bail applications have been filed under Section 483 of BNSS on behalf of the petitioners, who have been arrested in connection with FIR No.1149/2023 registered at Police Station Muhana, District Jaipur City (South) for the offence punishable under Section 8/20 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 previous bail applications were [2025:RJ-JP:22841] (2 of 4) [CRLMB-10067/2024] dismissed with liberty to renew the prayer of bail after recording testimony of seizure officer. It appears from the testimony of seizure officer that there is total non-compliance of mandatory provisions of Section 42 of NDPS Act. It is submitted that petitioners are in custody since September, 2023 and as such, they have suffered incarceration of about 20 months. It is submitted that Hon’ble Supreme Court has taken the view in the matter of Devendra Kumar Mishra @ Bade Guru vs. The State of Madhya Pradesh in Special Leave to Appeal (Crl.) No.14639/2023 that on the ground of period of incarceration suffered by accused, bail application under the NDPS Act can be considered for grant. Further reliance has been placed upon the judgment of Hon’ble Supreme Court in the case of Shambhulal Gurjar @ Rohit vs. State of Rajasthan in Special Leave to Appeal (Crl.) No.16671/2024 wherein after taking note of the fact that three other cases under the NDPS Act have been registered against the petitioner, facility of bail was granted to the accused considering the period of incarceration. Learned counsel appearing for petitioner Kushal Singh submits that except one other case under the provisions of NDPS Act, having quantity below commercial, no other case has been registered against him. Learned counsel appearing for petitioner Badal submits that petitioner does not have any criminal antecedents. It is argued that charge-sheet has been filed and trial will take time in its conclusion. 3. Learned Public Prosecutor opposes the submissions made by the learned counsel for the petitioners and submits that [2025:RJ-JP:22841] (3 of 4) [CRLMB-10067/2024] petitioners have been found in possession of contraband of commercial quantity, therefore, in view of the bar under Section 37 of the NDPS Act, bail should not be granted to the petitioners. 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 parties, as also the observations made by Hon’ble Supreme Court in the cases of Devendra Kumar Mishra @ Bade Guru (supra) & Shambhulal Gurjar @ Rohit (supra), but without commenting anything on the merits/demerits of the case, I deem it proper to allow these third bail applications. 6. These third bail applications are accordingly allowed and it is directed that accused-petitioners (1) Kushal Singh S/o Shri Dharmveer Singh Sansi, & (2) Badal S/o Shri Ajad Khan, 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 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, till trial is concluded. [2025:RJ-JP:22841] (4 of 4) [CRLMB-10067/2024] 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. (ANIL KUMAR UPMAN),J CHARU SONI /420 & 421