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[2025:RJ-JP:36183] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 10688/2025 Balu Singh S/o Shiv Singh, Aged About 43 Years, R/o Jagdi Police Station Suwansara District Mandsor (Mp) (At Present Confined In Sub-District Jail, Bhawani Mandi District Jhalawar (Raj) ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Rohit Khandelwal For Respondent(s) : Mr. Vijay Singh Yadav, PP HON'BLE MR. JUSTICE ASHOK KUMAR JAIN
Order 08/09/2025
1. The present bail application under Section 483 of BNSS is filed by the applicant-accused Balu Singh S/o Shiv Singh seeking bail in respect of a criminal case registered as FIR No.185/2025 dated 02.08.2025 registered at P.S. Dug, District - Jhalawar, for the offence under Sections 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
[2025:RJ-JP:36183] (2 of 3) [CRLMB-10688/2025] applicant undertakes not to repeat offence and cooperate with investigation/trial, which will take time.
3.
Learned counsel for petitioner submitted that before effecting search and seizure, police has not complied the mandatory provisions under the NDPS Act and entire proceedings are contrary to legal provisions. He further submitted that recovered quantity is less than commercial quantity and there is no criminal antecedents against the petitioner.
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 the basis of interception of petitinoner on 02.08.2025, 5.8g, of MD was recovered and a criminal case under Section 8/22 of NDPS Act was registered. The petitioner is arrested on 02.08.2025 and there is no criminal antecedents against the petitioner. The commercial quantity of Methyl Dioxi- methamphetamine or MD is 10gm whereas 0.5gm is small quantity.
7. Upon hearing the arguments and perusing the record, we have found that the applicant-accused is no more required in 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,
[2025:RJ-JP:36183] (3 of 3) [CRLMB-10688/2025] the Court deems it appropriate to grant bail to the applicant- accused.
8. Thus, the instant bail application filed on behalf of applicant- accused Balu Singh S/o Shiv Singh, 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 PREETI VALECHA /195