[2025:RJ-JP:12322] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 16496/2024 Shankar Lal S/o Lt. Sh. Bhanwarlal, Aged About 42 Years, R/o Indra Colony, Sangariya, Distt. Jodhpur (Raj.) (At Present In Jail At Kota) ----Petitioner Versus Central Bureau Of Narcotics, Through Special Public Prosecutor. ----Respondent For Petitioner(s) : Mr. Sarthak Chaubey For Respondent(s) : Mr. Vaibhav Jhankra with Mr. Tej Prakash Sharma, SPP (CBN) (Through VC) HON'BLE MR. JUSTICE PRAVEER BHATNAGAR Order 19/03/2025 1. The instant bail application has been filed under Section 483 BNSS on behalf of accused-petitioner. The petitioner has been arrested in connection with FIR No. 04/2023 registered at Police Station CBN, Kota for the offence(s) under Sections 8/20 of NDPS Act. 2. Learned counsel for the accused-petitioner submits that the accused-petitioner has falsely been implicated in this case solely on the basis of disclosure statement of the other co-accused. The contraband articles containing commercial quantity of Ganja were effected from the possession of other co-accused Chhotu Ansari. There is no transaction between the Chhotu Ansari and the present petitioner. There is no connectivity between the Chhotu Ansari and the present petitioner. It is also contended that the [2025:RJ-JP:12322] (2 of 3) [CRLMB-16496/2024] accused-petitioner is in custody since long and trial of the case may take considerable time. The statement given under Section 67 of the NDPS Act by other co-accused is not admissible, therefore, the bail application of the accused-petitioner may be allowed. 3. Learned Special Public Prosecutor has vehemently opposed the bail application and contended that the accused-petitioner is a habitual offender and against him two cases for the offence under NDPS Act were previously registered and pending before the Trial Court. The other co-accused Mithlesh Kumar who was in connectivity with the Chhotu Ansari has named the accused- petitioner. It is also contended that the accused-petitioner was in regular contact with the other co-accused Mithlesh Kumar and Chhotu Ansari, therefore, the bail application of the accused- petitioner may be dismissed. 4. Heard and perused the material available on record. 5. Apart from the statement of co-accused Chhotu Ansari, there is a call connectivity shown between the co-accused Mithlesh and the present petitioner. There is no evidence available on record to the fact that the present accused-petitioner was directly in contact with the other co-accused Chhotu Ansari, from whom the commercial quantity of contraband articles were recovered. Even, if it is presumed that the accused-petitioner was in connectivity through mobile with the other co-accused Chhotu Ansari, then also there is no evidence to the fact that the connectivity was in relation to the supply of contraband articles. Mere, pendency of similar nature of cases cannot be a ground to dismiss the bail [2025:RJ-JP:12322] (3 of 3) [CRLMB-16496/2024] application of the accused-petitioner in the present case, therefore, considering the above facts, I deem it just and proper to enlarge the accused-petitioner on bail. 6. Accordingly, the bail application under Section 483 BNSS is allowed and it is ordered that the accused-petitioner Shankar Lal S/o Lt. Sh. Bhanwarlal, in connection with FIR No.04/2023 registered at Police Station CBN, Kota, shall be enlarged on bail provided he furnishes a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge for his appearance before the court concerned on all the dates of hearing and as and when called upon to do so. (PRAVEER BHATNAGAR),J Keshav/28