[2025:RJ-JP:34172] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 10838/2025 Mangilal S/o Bhagirath Vishnoi, R/o Village Nokhada Bhatiyan Police Station Bhojasar District Phalodi, At Present Resident Of Plot No 118, Vishnu Nagar Bijesh Colony, Police Station Mahamandir, District Jodhpur (Raj.). (At Present Confined In Central Jail, Ajmer). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Rajveer Singh Gurjar with Ms. Seema For Respondent(s) : Mr. N.S. Dhakar, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 27/08/2025 1. The instant bail application has been filed under Section 483 of BNSS on behalf of the petitioner, who has been arrested in connection with FIR No.250/2023 registered at Police Station Adarsh Nagar (Ajmer), District Ajmer (Rajasthan) for the offence punishable under Section 8/15 of NDPS Act. After completion of investigation, police filed charge-sheet in this matter for the offences punishable under Sections 8/15 and 8/29 of NDPS Act. 2. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. Counsel submits that no contraband has been recovered from the possession of the petitioner and he has been made accused in this case solely on the basis of police interrogation of the co-accused person who was [2025:RJ-JP:34172] (2 of 4) [CRLMB-10838/2025] found in possession of the contraband. Counsel submits that though twenty nine other cases have been registered against the appellant, out of which, five cases are under the NDPS Act but he has been acquitted in number of cases. Counsel submits that petitioner has been acquitted in one case registered under the NDPS Act and in one case, arrest of the petitioner has been stayed by co-ordinate Bench at Principal Seat Jodhpur and in other three cases, benefit of bail has been granted to the petitioner as no recovery has been made from his possession. Counsel relies upon the order passed by co-ordinate Bench of this Court in S.B. Criminal Misc. Bail Application No.8525/2025 wherein considering the fact that no recovery has been made from the possession of the accused-petitioner and he has been made accused on the basis of information furnished by the co-accused person, facility of bail was granted to him despite the fact that 49 other cases were pending against him. Counsel further submits that similarly situated co-accused person namely- Shyamlal has already been granted benefit of bail by co-ordinate Bench of this Court. It is submitted that trial will take considerable time in its conclusion. Counsel submits that petitioner is in custody since 23.01.2025 and further custody of the petitioner would not serve any fruitful purpose. 3. Learned Public Prosecutor opposes the submissions made by counsel for the petitioner. 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 [2025:RJ-JP:34172] (3 of 4) [CRLMB-10838/2025] counsel for the petitioner, especially considering the fact that no contraband has been recovered from the possession of the petitioner, as also the fact that similarly situated co-accused person namely- Shyamlal has been granted benefit of bail by co- ordinate Bench of this Court, so also considering the observations made by co-ordinate bench of this court in S.B. Criminal Misc. Bail Application No.8525/2025 and trial will take considerable time in its conclusion as well as looking to the period of custody, but without commenting anything on the merits/demerits of the case, I deem it fit and proper to allow this bail application. 6. The bail application is accordingly allowed and it is directed that accused-petitioner- Mangilal S/o Bhagirath Vishnoi shall be released on bail provided he 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 he 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-petitioner shall not involve in any other offence(s) during currency of the bail and he shall mark his 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 petitioner. In case the petitioner fails to mark his presence in the concerned police station, the concerned SHO is directed to immediately report the matter to the concerned [2025:RJ-JP:34172] (4 of 4) [CRLMB-10838/2025] 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 him 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 application and would not have any impact on the trial of the case in any manner. (ANIL KUMAR UPMAN),J LALIT MOHAN /261