[2025:RJ-JP:3904] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 13884/2024 Bhura @ Omprakash S/o Shri Jawaharsingh, Aged About 50 Years, R/o Grandil Mohalla, Police Station Nihalganj, District Dholpur. (At Present Confined In District Jail, Dholpur) ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Anil Jain For Respondent(s) : Mr. N.S. Dhakar, PP Mr. M.S. Shekhawat, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 28/01/2025 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.330/2024 registered at Police Station Nihalganj, District Dholpur for the offences punishable under Sections 8/20 of NDPS Act. 2. It is contended by learned counsel for the petitioner that the accused-petitioner has falsely been implicated in this case. Counsel submits that admittedly, alleged recovered quantity of ‘Ganja’ is marginally above the small quantity (1 kg 200 gm). It is submitted that petitioner is in custody since 20.09.2024. Trial will take time in its conclusion and further custody of the petitioner would not serve any fruitful purpose. 3. Learned Public Prosecutor oppose the submissions made by the counsel for the petitioner. It is submitted that petitioner is [2025:RJ-JP:3904] (2 of 3) [CRLMB-13884/2024] habitual offender as 18 other cases have been registered against him. Thus, bail should not be granted to him. 4. At this stage, learned counsel for the petitioner submits that none of the cases was registered under the NDPS Act. 5. I have considered the contentions. 6. Having regard to the totality of the facts and circumstances of the case; considering the arguments advanced by learned counsel for the petitioner, as also the fact that alleged recovered quantity is marginally above the small quantity; petitioner has no criminal antecedents of similar nature and he is in custody since 20.09.2024; material available on record in the form of charge- sheet, but without commenting anything on the merits/demerits of the case, I deem it proper to allow the bail application. 7. 7. This bail application is accordingly allowed and it is directed that accused-petitioner Bhura @ Omprakash S/o Shri Jawaharsingh, 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 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. 8. However, it is made clear that the petitioner shall not involve in similar offence(s) during currency of bail granted by this Court. The petitioner is further directed to mark his presence in the [2025:RJ-JP:3904] (3 of 3) [CRLMB-13884/2024] concerned police station in the first week of every month, till trial is concluded. If breach of any 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 petitioner by this Court. (ANIL KUMAR UPMAN),J CHARU SONI /98