[2025:RJ-JP:37869] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 11632/2025 Mohar Singh S/o Shri Arjun, Aged About 52 Years, R/o Village Jeevli, Police Station Wazirpur, District Sawai Madhopur, Raj. (At Present Confined At District Sub Jail Gangapur City). ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Mahendra Shandilya For Respondent(s) : Mr. Manvendra Singh Choudhary, PP HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 16/09/2025 1. The present bail application under Section 483 of BNSS is filed by the applicant-accused Mohar Singh S/o Shri Arjun seeking bail in respect of a criminal case registered as FIR No.144/2025 dated 17.08.2025 registered at P.S. Wazipur, District – Sawaimadhopur, for the offence under Sections 8 and 20 NDPS Act. 2. Learned counsel for the applicant submits that the applicant has been falsely implicated in the matter and the investigation against him is complete and he is no more required in investigation. He further submits that there are no chance of fleeing of applicant accused from the jurisdiction of this Hon’ble Court. The applicant does not have any criminal antecedents. He also submits that the [2025:RJ-JP:37869] (2 of 3) [CRLMB-11632/2025] applicant undertakes not to repeat offence and cooperate with investigation/trial, which will take time. 3. Learned counsel for petitioner submitted that without following mandatory provisions under the NDPS Act search and seizure proceedings were initiated by police. He further submitted that there is no record to show that Ganja plants were cultivated by present petitioner. He further submitted that in the vicinity there is a temple and Sadhus sitting on temple have grown ganja plants and some of them have spread to nearby field. He further submitted that petitioner is an agriculturalist and there is no record to show that field is in exclusive possession of present petitioner. 4. Learned Public Prosecutor has vehemently opposed the bail application and submitted that the allegations are grave and serious in nature. He has also filed a report received from concerned Police Station. 5. Heard learned counsel for the petitioner-accused and learned Public Prosecutor. Perused the material placed on record by both the parties. 6. On the basis of intimation by informant on 17.08.2025 about cultivation of ganja plants in the field of Mohar Singh, the police has searched field occupied by Mohar Singh and found Ganja plants after adopting process and prepared memo and arrested present petitioner for offence under Section 8/20 of NDPS Act and registered a case against the petitioner, who is in custody since 17.08.2025. There is no criminal antecedent against the petitioner. The case against petitioner is contravention of Section 8/20(a)(b)(i) of NDPS Act. [2025:RJ-JP:37869] (3 of 3) [CRLMB-11632/2025] 7. Upon hearing the arguments and perusing the record, we have found that the applicant-accused is no more required in the investigation and he is in custody for quite some time. The further proceedings will take its own time, therefore, looking to entirety of facts and circumstances of the case and without expressing any opinion on merits of the case, the Court deems it appropriate to grant bail to the applicant- accused. 8. Thus, the instant bail application filed on behalf of applicant- accused Mohar Singh S/o Shri Arjun, is hereby allowed and the applicant-accused is ordered to be released on bail upon furnishing a personal bond of ₹50,000/- with two sureties of like amount to the satisfaction of the Trial Court with the following conditions:- (i) The applicant-accused shall not tamper with evidence or influence the witness in any manner. (ii) The applicant-accused shall not indulge in any criminal activity and shall not repeat any criminal offence punishable under the Law. (iii) The applicant-accused shall attend the hearing of the Trial Court on the date fixed by the Trial court or as and when asked to appear before the Trial Court. (iv) In case of any violation of above conditions, the bail granted to the applicant-accused shall be liable to be canceled. 9. The Registry is directed to send a copy of this order to the Trial Court through E-mail. (ASHOK KUMAR JAIN),J PREETI VALECHA /206