[2025:RJ-JP:2097] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 12310/2024 Dharmveer Sansi @ Dharma Sansi S/o Shri Prasadi Lal Sansi, Aged About 45 Years, R/o Plot No. 43, Ganesh Vihar, Boharo Ka Bas, Nevta Road, Muhana, Police Station Muhana, District Jaipur. (At Present Confined At Central Jail Jaipur). ----Accused-Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Vivek Goyal, Adv. For Respondent(s) : Mr. Devi Singh, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 15/01/2025 1. The instant bail application has been filed under Section 483 BNSS, on behalf of the petitioner, who has been arrested in connection with FIR No.1149/2023 registered at Police Station Muhana, District Jaipur City (South) for the offence punishable under Section 8/20 of NDPS Act. Investigation is being conducted for the offences punishable under Sections 8/20, 8/25 & 8/29 of NDPS Act. 2. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. Learned counsel submits that no contraband has been recovered from the possession of the petitioner. He submits that the petitioner has been arrested simply on the basis of the fact that other co-accused have stated that they were going to deliver contraband to the petitioner. He [2025:RJ-JP:2097] (2 of 3) [CRLMB-12310/2024] submits that interrogation of the co-accused in police custody cannot be used against the petitioner as same is hit by Section 25 of the Indian Evidence Act. Learned counsel for the petitioner has relied upon the judgment rendered by Hon’ble Supreme Court in the case of Tofan Singh Vs. State of Tamil Nadu reported in AIR 2020 SC 5592. He submits that petitioner is in custody since 28.03.2024 and trial will take considerable time. Further custody of the petitioner would not serve any fruitful purpose. 3. Learned Public Prosecutor opposes this bail application and submits that contraband weighing commercial quantity has been received from the co-accused. He submits that two other cases under the NDPS Act have also been registered against 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 counsel for the parties and especially the fact that petitioner was not found in possession of contraband; he has been made accused on the basis of police interrogation of the co-accused; period of custody; so also keeping in view the law laid down by the Hon'ble Supreme Court in the case of Tofan Singh(supra), but without commenting anything on merits and demerits of the case, I deem it proper to allow the bail application. 6. This bail application is accordingly allowed and it is directed that accused-petitioner Dharmveer Sansi @ Dharma Sansi S/o Shri Prasadi Lal Sansi shall be released on bail provided he furnishes a personal bond in the sum of Rs.50,000/- (Rupees Fifty [2025:RJ-JP:2097] (3 of 3) [CRLMB-12310/2024] 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. 7. It is made clear that the accused petitioner shall not involve in any other similar offence during currency of the bail and during trial, he shall mark his presence in first week of 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 MADAN/S-444