[2025:RJ-JP:16862] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 12690/2024 Naval Kishore Lavlanshi @ Naveen S/o Ganpatlal, Aged About 29 Years, R/o Near Hanuman Mandir, Ward No. 4, Sekud, Police Station Sarthal, District Baran (Raj.) (Presently Confined In Sub Jail Ramganj Mandi) ----Accused-Applicant Versus State of Rajasthan, Through PP ----Respondent For Applicant(s) : Mr. Dinesh Kumar Garg, Adv. For Respondent(s) : Ms. Arti Sharma, Dy.GA HON'BLE MR. JUSTICE ASHUTOSH KUMAR Order 22/04/2025 1. The present bail application has been filed by the accused- applicant under Section 483 of the B.N.S.S, 2023 against the order dated 07.10.2024 passed by learned Special Judge, NDPS Act Cases, Ramganj Mandi, District Kota in connection with FIR No.176/2023, registered at Police Station Suket, District Kota for the offences punishable under Sections 8/15 of NDPS Act 1985, by which the bail application of the accused-applicant under Section 483 of BNSS, 2023 has been dismissed. 2. Learned counsel for the accused-applicant submits that the accused-applicant has falsely been implicated in this matter. On 19.05.2023, 91 kilograms 'poppy husk' was recovered from Bhajanlal and Jaswant and the present accused-applicant has been made accused in this case only on the basis of the statements of co-accused, which is not admissible in the evidence. [2025:RJ-JP:16862] (2 of 3) [CRLMB-12690/2024] There is no other evidence except the statements of the co- accused. Learned counsel argues that the charges against the present accused-applicant levelled for the offence punishable under Section 8/29 of the NDPS Act and charge-sheet has been filed. Learned counsel also contends that the co-accused-Bhajanlal and Jaswant, from whose possession the contraband was recovered, have already been enlarged on bail by the Co-ordinate Bench of this Court and the other co-accused persons namely; Sitaram, Julfikar @ Naina Mewati, Arbaj Khan, Jitendra Singh & Lekhraj, who were also made accused for the offence punishable under Section 8/29 of the NDPS Act, have also been enlarged on bail. Learned counsel further submits that the accused-applicant is in judicial custody since 03.09.2024 and trial will take long time to conclude, therefore, the accused-applicant be enlarged on bail. 3. On the other hand, learned Public Prosecutor has opposed the bail application and submitted that two other cases under NDPS Act are also pending against the present accused-applicant, therefore, the bail application of the accused-applicant be rejected. 4. Heard learned counsel for the parties and also perused the material available on record. 5. Having regard to the facts and circumstances of the case and considering the fact that the charges levelled against the accused- applicant for the offence punishable under Section 8/29 of the NDPS Act probably on the basis of the statements of the co- accused and also considering the fact that the similarly situated co-accused Sitaram, Julfikar @ Naina Mewati, Arbaj Khan, Jitendra Singh & Lekhraj have already been enlarged on bail by the [2025:RJ-JP:16862] (3 of 3) [CRLMB-12690/2024] Co-ordinate Bench of this Court and co-accused-Bhajanlal and Jaswant, from whose possession the contraband was recovered, have also been enlarged on bail as well as considering the fact that the accused-applicant is behind the bars since 03.09.2024 and the fact that the trial will take long time to conclude, but without expressing any opinion on the merits/demerits of the case, this Court deems it proper to allow the bail application filed by the accused-applicant. 6. Consequently, this bail application filed under Section 483 of the B.N.S.S, 2023 is allowed. It is ordered that accused-applicant Naval Kishore Lavlanshi @ Naveen S/o Ganpatlal, arrested in FIR No. 176/2023, registered at Police Station Suket, District Kota shall be released on bail; provided he furnishes personal bond in the sum of Rs.1,00,000/- and two solvent attested sureties of Rs.50,000/- each to the satisfaction of the learned trial Court. Accused-Applicant shall be required to appear before that Court on all dates of hearing and as and when called upon to do so. (ASHUTOSH KUMAR),J Mohita /4