[2025:RJ-JP:19125] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Misc. Bail Application No. 16446/2024 Bhupendra S/o Devilal, Aged About 29 Years, R/o Khodip, Police Station Nikumbh, District Chittorgarg (Raj.) (At Present Confined In Sub District Jail Beawar). ----Accused-Applicant Versus State of Rajasthan, Through PP ----Respondent For Applicant(s) : Mr. Vinay Pal Yadav, Adv. For Respondent(s) : Mr. Vivek Sharma, Add.GA HON'BLE MR. JUSTICE ASHUTOSH KUMAR Order 06/05/2025 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 13.12.2024 passed by learned Special Judge, NDPS Cases and Additional Sessions Judge No.1, Beawar, District Ajmer in connection with FIR No.340/2024, registered at Police Station Vijaynagar, District Beawar 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 in the present case the contraband has been recovered from the possession of Dharmendra. During investigation, one Amar Chand was also arrested who gave the information that the contraband, [2025:RJ-JP:19125] (2 of 3) [CRLMB-16446/2024] recovered in this case was procured from the present accused- applicant-Bhupendra. Learned counsel argues that there is no direct evidence against the accused-applicant-Bhupendra and he has been made accused in this case simply on the basis of the statement of co-accused. Learned counsel also argues that except that statement there is nothing against the accused-applicant and he has been made accused with the aid of Section 29 of NDPS Act. Learned counsel contends that the accused-applicant was arrested on 24.11.2024 and since then, he is behind the bars. Learned counsel prays that the charge-sheet has been filed and trial will take long time to conclude, therefore, the accused- applicant be enlarged on bail. 3. Learned counsel for the accused-applicant has drawn the attention of this Court towards the judgment of the Hon'ble Supreme Court in the cases of Shri Ram @ Siyaram Vs. The State of Rajasthan passed in Petition(s) for Special Leave to Appeal (Crl.) No(s). 16518/2023, decided on 02.04.2024 and Samayun SK & Ors. Vs. The State of West Bengal passed in Petition(s) for Special Leave to Appeal (Crl.) No(s). 1067/2025, decided on 07.03.2025. 4. On the other hand, learned Public Prosecutor opposes the bail application and contends that as many as six other criminal cases including two cases under NDPS Act have also been registered against the present accused-applicant, therefore, the bail application of the accused-applicant should be rejected. 5. Heard learned counsel for the parties and also perused the material available on record. [2025:RJ-JP:19125] (3 of 3) [CRLMB-16446/2024] 6. Having regard to the facts and circumstances of the case; considering the fact that admittedly the accused-applicant- Bhupendra is made accused only on the basis of statement given by co-accused; also considering the fact the accused-applicant is behind the bars since 24.11.2024 and as well as the fact that charge-sheet has been filed and the 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. 7. Consequently, this bail application filed under Section 483 of the B.N.S.S, 2023 is allowed. It is ordered that accused-applicant Bhupendra S/o Devilal, arrested in FIR No. 340/2024, registered at Police Station Vijaynagar, District Beawar 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. 8. 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 /22