[2025:RJ-JP:37855] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 11491/2025 Banshilal S/o Dhulilal, Aged About 75 Years, R/o Dokrikhoh (Dovda), Police Station- Sarthal, District- Baran (Raj.) (Presently Confined In Sub Jail At Aklera). ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Rajveer Singh Jhala For Respondent(s) : Mr. Manvendra Singh Choudhary, PP HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 16/09/2025 1. The present bail application under Section 483 of BNSS is filed by the applicant-accused Banshilal S/o Dhulilal seeking bail in respect of a criminal case registered as FIR No.468/2024 dated 20.09.2024 registered at P.S. Aklera, District - Jhalawar, for the offence under Sections 8, 15 and 25 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:37855] (2 of 4) [CRLMB-11491/2025] applicant undertakes not to repeat offence and cooperate with investigation/trial, which will take time. 3. Learned counsel for petitioner submitted that age of present petitioner is 75 years and he has been arrayed as an accused only on basis of interrogation note of Rajulal, who is son of present petitioner. He also submitted that total two quintal 20.1 gm poppy straw were recovered from house of Jitmal @ Jitu, who and he was arrested under Section 8/15 and 25 of NDPS Act. He also submitted that Jitmal was released on bail by learned trial court on 31.12.2024. He further submitted that thereafter Madan Lal, Rajulal and Mohan Lal were also arrayed as an accused for charge under Sections 8/15 and 29 of NDPS Act and they were released on bail by a Co-ordinate Bench of this Court on 16.05.2025. He also submitted that now present petitioner, who is official patta holder from year 2019, 2023 for cultivation of opium is arrayed as an accused on allegation that recovered contraband from house of Jitmal @ Jity is cultivated at the fields of present petitioner. He also submitted that present petitioner is neither actually carrying on cultivation nor he was in possession of contraband articles. He also submitted that petitioner is in custody since his arrest. 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. [2025:RJ-JP:37855] (3 of 4) [CRLMB-11491/2025] 6. On 19.09.2024, SHO P.S. Aklera after information of storage of contraband in the house of Jitmal and Arjun have entered in the house of Jitmal and Arjun , wherein Kalawati wife of Arjun was found as an occupier and Arjun and Jitmal were not present at the time of search. The police has searched the house and seized two quintal 20.1gm of poppy straw from 10 gunny bags. After return at police station Aklera, FIR is registered on 20.09.2024. Accused Jitu was arrested on 19.11.2024 and officiating Sessions Judge (Vacation Duty), Jhalawar during winter vacation has granted bail to Jitmal on 31.12.2024 after being satisfied about the conditions under Section 37 of NDPS Act. Thereafter Madan Lal, Raju Lal and Mohan Lal were arrested by police and they were granted bail by a Co-ordinate Bench of this Court. 7. Now present petitioner is arrested on the ground that present petitioner has procured licensed patta for year 2019- 2020, 2020-2021 and 2022-2023 and during these years, after cultivation he has not destroyed poppy straw. The petitioner is charged under Section 8/15 and 19 of NDPS Act. The main accused from whom recovery is effected is already released on bail by trial court. The petitioner is not having any criminal antecedents and his age is 75 years. 8. 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:37855] (4 of 4) [CRLMB-11491/2025] the Court deems it appropriate to grant bail to the applicant- accused. 9. Thus, the instant bail application filed on behalf of applicant- accused Banshilal S/o Dhulilal, 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. 10. The Registry is directed to send a copy of this order to the Trial Court through E-mail. (ASHOK KUMAR JAIN),J PREETI VALECHA /202