[2025:RJ-JD:3130] HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous II Bail Application No. 11308/2024 Kantilal S/o Shri Parmanand, Aged About 41 Years, R/o Shastri Nagar, Ward No. 16, Barmer, Dist. Barmer, Raj. (Presently Lodged In Dist. Jail, Barmer) ----Petitioner Versus Union Of India, Through Cbn ----Respondent Connected With S.B. Criminal Miscellaneous II Bail Application No. 10516/2024 Ganga Ram S/o Teja Ram, Aged About 30 Years, R/o Ramnagar, Barmer, Teh. And Dist. Barmer. (Lodged In Dist. Jail Barmer) ----Petitioner Versus Union Of India, Through Ncb ----Respondent For Petitioner(s) : Mr. Ashok Khillery Mr. SK Bhati Mr. Bharat Gurjar For Respondent(s) : Mr. KS Nahar, Spl.P.P. Mr. Gopal Singh HON'BLE MR. JUSTICE FARJAND ALI Order 16/01/2025 1. The jurisdiction of this Court has been invoked by way of filing applications under Section 439 Cr.P.C./483 BNSS at the instance of accused-petitioners. The requisite details of the matter are tabulated herein below: S.No. Particulars of the Case 1. FIR Number 03/2023 2. Concerned Police Station Central Narcotics Bureau, New Delhi [2025:RJ-JD:3130] (2 of 4) [CRLMB-11308/2024] 3. Offences alleged in the FIR Under Sections 8/21, 8/22, 8/28, 8/29, 30 & 35 of NDPS Act 4. Offences added, if any - 5. Date of passing of impugned order in S.B. Criminal Miscellaneous II Bail Application No. 11308/2024 - 6. Date of passing of impugned order in S.B. Criminal Miscellaneous II Bail Application No. 10516/2024 29.07.2024 2. It is contended on behalf of the accused-petitioners that no case for the alleged offences is made out against them and his incarceration is not warranted. There are no factors at play in the case at hand that may work against grant of bail to the accused-petitioners and they have been made accused based on conjectures and surmises. 3. Contrary to the submissions of learned counsel for the petitioners, learned Public Prosecutor opposes the bail applications and submits that the present case is not fit for enlargement of accused on bail. 4. I have considered the submissions made by both the parties and have perused the material available on record. It is the case of the prosecution that the accused Prakash Kumar from whom medicinal drug came to be recovered has been granted bail by this Court and as a matter of fact, drugs were also recovered from accused Jayesh. P.W. 2 admits in cross-examination that when the raid was made the petitioner was found standing outside the shop in a street near a motor cycle. The submission made by the [2025:RJ-JD:3130] (3 of 4) [CRLMB-11308/2024] learned counsel for the petitioners that there was no concrete evidence with regard to exclusive and conscious possession of the petitioners over the contraband, cannot be ruled out, more particularly, in light of the fact that they are behind the bars since March, 2023 and the trial is still going on. Looking to the pace of the trial, it can be said that further more time shall consume in conclusion of the trial. In the case of Rabi Prakash Vs. State of Odisha passed in Special Leave to Appeal (Crl.) No.(s)4169/2023 wherein Hon'ble the Supreme Court has observed that right of prosecution to keep detained an accused and the embargo contained under Section 37 of the NDPS Act is at one place and the fundamental right available to every individual under Article 21 of Constitution of India is always with him. The right to have speedy trial has been recognized by Hon'ble the Supreme Court time and again through plethora of judicial pronouncements. Besides the long incarceration, the fact that the two other accused persons have also been released on bail, cannot be overruled. Thus, on the ground of parity and on the ground of delay in trial, it is deemed appropriate to extend the benefit of bail to the petitioners. 5. Accordingly, the instant bail applications under Section 439 Cr.P.C./483 BNSS are allowed and it is ordered that the accused-petitioners as named in the cause title shall be enlarged on bail provided each of them 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 [2025:RJ-JD:3130] (4 of 4) [CRLMB-11308/2024] for their appearance before the court concerned on all the dates of hearing as and when called upon to do so. 6. A copy of this order be placed in each file. (FARJAND ALI),J 121-122 divya/-