[2025:RJ-JP:24408] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 16065/2024 Ishwar Sain S/o Satyanarayan, Aged About 24 Years, R/o Kalpvriksh, Police Station Garoth, District Mandsore (M.P.) (At Present Confined In Central Jail Kota, District Kota). ----Accused-Applicant Versus State Of Rajasthan, Through PP ----Respondent For Applicant(s) : Mr. Chain Singh Rathore, Adv. For Respondent(s) : Mr. Vivek Sharma, Add.GA HON'BLE MR. JUSTICE ASHUTOSH KUMAR Order 03/07/2025 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 04.12.2024 passed by learned Special Judge, NDPS Cases, Kota (Rajasthan) in connection with FIR No.325/2024 registered at Police Station R.K. Puram, District Kota City for the offence punishable under Section 8/15 of The Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the 'NDPS Act'), 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 case. Learned counsel argues that as per the prosecution story about 73 Kg 'poppy husk' has been recovered from an abundant vehicle, which was registered in the name of co-accused Lavjeet Singh and no [2025:RJ-JP:24408] (2 of 3) [CRLMB-16065/2024] recovery has been made from the possession of the present accused-applicant. Learned counsel also argues that the present accused-applicant has been made accused in this case only on the basis of statement given by co-accused Lavjeet Singh. Learned counsel contends that there is no other evidence except the statement of the co-accused. Learned counsel further contends that the accused-applicant was arrested on 27.11.2024 and since then, he is behind the bars. Learned counsel prays that the charge-sheet has been filed and trial will take time to conclude, therefore, the accused-applicant be enlarged on bail. 3. On the other hand, learned Public Prosecutor opposes the bail application on the ground that two other criminal cases of similar nature have also been registered against the accused- applicant, therefore, the bail application of the accused-applicant should be rejected. 4. Heard learned counsel for the parties and also perused the material available on record. 5. Having regard to the overall facts and circumstances of the case and also considering the facts that the accused-applicant has been made accused in this case only on the statement of co- accused; that the charge against the present accused-applicant is for the offence punishable under Section 8/29 of NDPS Act; that the charge-sheet has been filed and 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 [2025:RJ-JP:24408] (3 of 3) [CRLMB-16065/2024] Ishwar Sain S/o Satyanarayan arrested in FIR No. 325/2024 registered at Police Station R.K. Puram, District Kota City 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. 7. 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 /13