[2025:RJ-JP:39334] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 12059/2025 Sanjay Banjara S/o Shri Nathuram, Aged About 32 Years, R/o Motuka Ki Dhani, Village Datwas, Police Station Datwas, District Tonk, Presently R/o A-164, Nag Talai, Delhi Road, Police Station Galta Gate, Jaipur. (At Present Confined In Central Jail Jaipur). ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent Connected With S.B. Criminal Miscellaneous Bail Application No. 12063/2025 Mukesh Banjara S/o Shri Kanhai Singh, Aged About 38 Years, R/o Shyampur, Tehsil Sikandra Rav, P.s. Hasayan, District Hathras (Up), At Present R/o House No. 51-C, Manohar Vihar, Paldi Meena, P.s. Jamdoli, Jaipur East (At Present Confined In Central Jail Jaipur). ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Yogesh Singhal Mr. Ram Manohar Sharma For Respondent(s) : Mr. Manvendra Singh Choudhary, PP HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 23/09/2025 1. The present bail applications under Section 483 of BNSS are filed by the applicants-accused Sanjay Banjara S/o Shri Nathuram and Mukesh Banjara S/o Shri Kanhai Singh seeking bail in respect of a criminal case registered as FIR No.213/2025 dated 04.09.2025 registered at P.S. Transport [2025:RJ-JP:39334] (2 of 4) [CRLMB-12059/2025] Nagar District – Jaipur City, for the offence under Sections 8/20 of NDPS Act. 2. Learned counsel for the applicants submits that the applicants have been falsely implicated in the matter and the investigation against them is complete and they are 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 applicants do not have any criminal antecedents. He also submits that the applicants undertakes not to repeat offence and cooperate with investigation/trial, which will take time. 3. Learned Counsel for the Petitioners submits that without following due process and observing the mandatory provisions under the NDPS Act, the police effected search and seizure. He further submitted that no independent witness was called by the search and seizure officer before effecting search from the petitioners. He also submitted that, as per police, 6 kg 200 gms of ganja is recovered from Mukesh, but this packet does not belong to the petitioner. He also submitted that police has recovered ganja of 3 kg 534 gms of ganja from Sanjay, but again the bag does not belong to the petitioner. He also referred to the total alleged quantity of 9 kg 734 gms and submitted that the same is less than the commercial quantity. 4. Learned Public Prosecutor has vehemently opposed the bail applications and submitted that the allegations are grave and serious in nature. He has also filed a report received from concerned Police Station. [2025:RJ-JP:39334] (3 of 4) [CRLMB-12059/2025] 5. Heard learned counsel for the parties and learned Public Prosecutor. Perused the material placed on record by both the parties. 6. In the intervening night of 3rd–4th September, 2025, the SHO, P.S. Transport Nagar, on receipt of information from an informer about wait by two persons at designated place to deliver ganja, intercepted both the petitioners, Mukesh and Sanjay, before delivery and after following process, searched them and allegedly recovered 6 kg 200 gms of ganja from Mukesh and 3 kg 534 gms from Sanjay. After drawing necessary memos, a case was registered against the present petitioners. The petitioners were arrested on 04.09.2025. There is no criminal antecedent against them. The recovered quantity is less than the commercial quantity. 7. Upon hearing the arguments and perusing the record, we have found that the applicants-accused are no more required in the investigation and they are 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, the Court deems it appropriate to grant bail to the applicants-accused. 8. Thus, the instant bail applications filed on behalf of applicants-accused Sanjay Banjara S/o Shri Nathuram and Mukesh Banjara S/o Shri Kanhai Singh, are hereby allowed and the applicants-accused are ordered to be released on bail with condition that each of the petitioner would furnish a personal bond of ₹50,000/- with two sureties [2025:RJ-JP:39334] (4 of 4) [CRLMB-12059/2025] of like amount to the satisfaction of the Trial Court with the following conditions:- (i) The applicants-accused shall not tamper with evidence or influence the witness in any manner. (ii) The applicants-accused shall mark their attendance on second Monday of every month at P.S. Transport Nagar, Jaipur. (ii) The applicants-accused shall not indulge in any criminal activity and shall not repeat any criminal offence punishable under the Law. (iii) The applicants-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 applicants-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 /185-186