[2025:RJ-JP:2144] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous IInd Bail Application No. 15630/2024 Manoj Kumar S/o Jagdish Prasad, Aged About 31 Years, R/o Mangta, Police Station Aklera, District Jhalawar (Raj.) (At Present Confined In The District Jail Jhalawar). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Rajveer Singh Gurjar For Respondent(s) : Mr. Tapesh Agarwal, PP HON'BLE MR. JUSTICE SUDESH BANSAL Order 16/01/2025 1. This second bail application has been filed by the petitioner under Section 483 of B.N.S.S. in connection with FIR No.382/2023 registered at Police Station Manohar Thana, Jhalawar for offence(s) under Sections 8/15, 8/25 and 8/29 of NDPS Act. 2. Counsel for petitioner submits that petitioner has falsely been implicated in the present case on the basis of information divulged by the other two co-accused namely Ramswaroop and Rambabu, from whom the poppy husk weighing 75 Kg was recovered. It is admitted case of prosecution that no recovery of contraband was made from the conscious possession of the petitioner; Petitioner has placed reliance on the order passed by the Hon'ble Supreme Court dated 21.02.2024 passed in SLP No.16642/2023: Shince Babu Vs. The State of Kerala, to contend that in such circumstances a twin test of Section 37 of the NDPS [2025:RJ-JP:2144] (2 of 2) [CRLMB-15630/2024] Act would not apply against the petitioner; There are no previous criminal antecedents of petitioner; Petitioner is in custody since 13.01.2024; the statement of Seizure Officer have been recorded, hence, in such circumstances, petitioner be released on bail. 3. Learned Public Prosecutor opposed the bail application and pointed out that some money was recovered from the petitioner on the information of the co-accused, though, he admits that no recovery of contraband was made from the petitioner. 4. Having heard learned counsel for petitioner as well as learned public prosecutor and on perusal of material available on record and after, considering the contention of counsel for petitioner and further following the ratio decidendi passed by the Hon'ble Supreme Court in SLP No.16642/2023 vide order dated 21.02.2024 as also in view of the fact that there are no previous criminal antecedents of petitioner, but without commenting on merits of the case, this Court deems it just and proper to release petitioner on bail. 5. 5. Accordingly, the second bail application is allowed and it is ordered that accused-petitioner Manoj Kumar S/o Jagdish Prasad shall be released on bail provided, he furnishes a personal bond in the sum of Rs.50,000/- each with two sureties of Rs.25,000/- to the satisfaction of the learned trial Judge for his appearance before the court concerned on all the dates of hearing as and when called upon to do so. (SUDESH BANSAL),J NITIN /8