[2025:RJ-JP:245] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Misc. Bail Application No. 13892/2024 Premaram S/o Bhawarsingh, Aged About 40 Years, R/o Bichlabaas Huddo Ka, Ramdavas Khurd Police Station Dangiyavas Dist. Jodhpur Rural (Raj.) ( Petitioner Is In Sub Jail Aklera) ----Petitioner Versus The State of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Ali Mohd. Khan For Respondent(s) : Ms. Aarti Sharma, PP HON'BLE MR. JUSTICE GANESH RAM MEENA Order 03/01/2025 1. This bail application has been filed by the accused-petitioner under Section 483 B.N.S.S., in connection with F.I.R. No.113/2023 registered at Police Station Aklera, District Jhalawar for the offence punishable under Section 8/15 of the NDPS Act. 2. Learned counsel for the petitioner submits that the accused- petitioner has been falsely implicated in this case. Counsel further submits that the accused-petitioner has been given appointment on the Post of Vidyalaya Sahayak vide order dated 08.12.2022 issued by the Office of District Education Officer (Headquarter), Elementary Education, Jodhpur on contract basis for a period of five years i.e. upto 08.12.2027. Counsel also submits that on the date of alleged incident as well as the days prior to it and days after that, the accused-petitioner was on duty at Government Higher Secondary School, Ramrawas, Kalan (Pipar City), Jodhpur [2025:RJ-JP:245] (2 of 3) [CRLMB-13892/2024] which is about 270 Km away from the place where the alleged contraband has been recovered and it is alleged that the accused- petitioner has run away from the spot. Counsel further submits that the petitioner has also been arrayed as an accused being the registered owner of the vehicle from which the alleged contraband has been recovered. Counsel also submits that the petitioner has sold the vehicle by an agreement to sell dated 30.11.2022 about three months prior to the alleged incident and the said agreement is attested by Notary. Counsel also submits that considering the purchase of the vehicle, the owner of the vehicle is Mukesh Sharma who has also been arrayed as an accused and the present petitioner is in custody since 10.02.2024 and if he is not released on bail his career will be ruined. 3. Learned Public Prosecutor has vehemently opposed the bail application and submits that the accused-petitioner was present in the vehicle from with the alleged contraband has been seized, however he escaped and ran away. She also submits that 480 kg of Doda Chura has been recovered from the vehicle, which is registered in the name of the accused-petitioner. 4. Considered the submissions made at Bar and also perused the challan papers. 5. Learned counsel for the petitioner has placed before this Court the appointment order of the petitioner issued by the District Education Officer (Headquarter), Elementary Education, Jodhpur whereby he has been appointed as Vidyalaya Sahayak on contract basis for a period of five years and he also placed the attested copy of the attendance register which discloses that the accused-petitioner was on duty on 17.02.2023 at Government [2025:RJ-JP:245] (3 of 3) [CRLMB-13892/2024] Higher Secondary School, Ramrawas Kalan (Pipar City) Jodhpur. He also placed the copy of agreement to sell of the vehicle in the name of co-accused Mukesh Sharma which is of three months prior to the alleged incident. 6. Taking into consideration the aforesaid documents and the submissions made by counsel for the petitioner, the plea of alibi prima facie seems to have some substance and the accused- petitioner is in custody since 10.02.2024 and the Police after completion of investigation has submitted charge-sheet in the matter. 7. On consideration of the aforesaid facts and circumstances of the case, this Court without expressing any opinion on the merit and demerits of the case, deems just and proper to enlarge the petitioner on bail. 8. This bail application is, accordingly, allowed and it is directed that accused-petitioner shall be released on bail provided he furnishes a personal bond in the sum of Rs.1,00,000/- (Rupees One Lac only) together with two sureties in the sum of Rs.50,000/- (Rupees Fifty Thousand only) each to the satisfaction of the trial Court with the stipulation that he shall appear before that Court or any other Court to which the matter is transferred, on all subsequent dates of hearing and as and when called upon to do so. (GANESH RAM MEENA),J DIVYA SAINI /21