[2025:RJ-JP:2169] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 11306/2024 Shohil @ Shohel @ Bittu Khan S/o Manjur Ahmadh, Aged About 26 Years, R/o Ward No. 1 Aliganj Mohhola Chhabra, Police Station Chhabra, District Baran (Raj.) (Petitioner Is In Sub Jail Chhabra). ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Ali Mohd. Khan with Ms. Shazadi Bano For Respondent(s) : Mr. N.S. Dhakar, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 16/01/2025 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.193/2024 registered at Police Station Chhabra, District Baran (Raj.) for the offences punishable under Sections 8/21 & 8/29 of NDPS Act. 2. It is contended by learned counsel for the petitioner that the accused-petitioner has falsely been implicated in this case. Learned counsel submits that no contraband has been recovered from the possession of petitioner. It is submitted that petitioner has been made accused in this case solely on the basis of interrogation/investigation of co-accused person-Asfak Mohammad who was found in possession of 07.27 gram smack. Counsel submits that the said co-accused person has been granted benefit [2025:RJ-JP:2169] (2 of 3) [CRLMB-11306/2024] of bail by the learned trial court. Petitioner is in custody since his date of arrest. Charge-sheet has been filed & trial of the case will take considerable time. Further custody of the petitioner would not serve any fruitful purpose. 3. Learned Public Prosecutor opposes the submissions made by learned counsel for the petitioner. He submits that petitioner is a habitual offender as seven other cases have been registered against him out of which two cases are registered under the NDPS Act. 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 both the parties, especially the fact that no contraband has been recovered from the possession of the petitioner & aforementioned co- accused person who was found in possession of contraband has been granted bail by the learned trial court; looking to the custody period, but without commenting anything on the merits/demerits of the case, I deem it proper to allow the bail application. The observations made hereinabove is only for decision of the instant bail application and would not have any impact on the trial of the case in any manner. 6. This bail application is accordingly allowed and it is directed that accused-petitioner - Shohil @ Shohel @ Bittu Khan S/o Manjur Ahmadh, 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 [2025:RJ-JP:2169] (3 of 3) [CRLMB-11306/2024] 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 on once in every month in the concerned police station. 8. 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. (ANIL KUMAR UPMAN),J GAUTAM JAIN /84