[2025:RJ-JP:4191] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 14939/2024 Akil Mohammed Shaikh S/o Khurshid Mohammed Shaikh, Aged About 47 Years, R/o Amba Bav Road, Andarkot, Police Station Dargah Bazar, Ajmer. (At Present Lodged In Central Jail, Ajmer). ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Vivek Goyal For Respondent(s) : Mr. N.S. Dhakar, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 30/01/2025 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.82/2024 registered at Police Station Ajmer, District General Railway Police (G.R.P.), Ajmer for the offences punishable under Section 8/20 of NDPS Act. Later on, police filed charge-sheet in this matter for the offence punishable under Sections 8/20 & 8/29 of NDPS Act. 2. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. Counsel submits that admittedly no contraband has been recovered from the possession of the petitioner & he has been made accused in this case solely on the basis of interrogation/investigation of the co-accused person-Smt. Mehnaj Begam who has been found in possession of contraband (ganja) weighing 25 Kgs & her bail application has [2025:RJ-JP:4191] (2 of 3) [CRLMB-14939/2024] been dismissed as withdrawn today itself. It is submitted that interrogation/investigation of the said co-accused person cannot be used against the petitioners as same is hit by Section 25 of Indian Evidence Act. Learned counsel 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. Petitioner is in custody since 09.10.2024 & except one case under the NDPS Act, no other case is pending against him. Charge-sheet has been filed & trial of the case will take considerable time. Further custody of the petitioner would not serve any fruitful purpose. 3. Learned State Counsel opposes the bail application. He submits that petitioner was constantly in touch with a lady who was found in possession of contraband. Apart of this, money has also been transferred by the petitioner in her bank account which is evident from his bank account statement. He further submits that one case has also been registered under the NDPS Act against the petitioner & during currency of bail in that case, he committed another offence. State Counsel further submits that petitioner has misused the liberty of bail thus, bail should not be granted to him. 4. Having regard to the totality of the facts and circumstances of the case and considering the arguments advanced at bar, so also considering the material in the form of charge-sheet, more particularly the fact that one criminal antecedent under the NDPS Act was registered against the petitioner & during currency of bail in that case, he has been found involved in another offence, it [2025:RJ-JP:4191] (3 of 3) [CRLMB-14939/2024] cannot be reasonably presumed that in case, the petitioner is released on bail in the instant case, he would not repeat the alleged offence. Thus, I am not inclined to enlarge the petitioner on bail. 5. Accordingly, this bail application is dismissed. (ANIL KUMAR UPMAN),J GAUTAM JAIN /74