[2025:RJ-JP:51647] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 16466/2025 Mansingh S/o Shri Ramkishore, Aged About 42 Years, R/o Nagla Tangad, Police Station Farah, District Mathura (U.p.) (At Present Confined In Central Jail Sewar, District Bharatpur). ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Sanjeev Sogarwal, Adv. Mr. Sahil Hussain, Adv. For Respondent(s) : Mr. Tapesh Agarwal, PP HON'BLE MR. JUSTICE ANAND SHARMA Order 19/12/2025 1. This criminal misc. bail application has been filed by the petitioner under Section 483 of BNSS, 2023 in respect of FIR No.263/2023 registered at Police Station Atalbandh, District Bharatpur for the offence punishable under Section 8/20 of NDPS Act. 2. Learned counsel for the petitioner submits that in the present matter, alleged contraband has not been recovered from the conscious possession of the petitioner and he has been charged with an offence under Section 8/29 of NDPS Act. He further submits that co-accused Balli @ Balveer and Smt. Kamlesh, who were accused of having conscious possession of the contraband, have already been enlarged on bail vide order dated 04.11.2024 passed by Co-ordinate Bench of this Court in S.B. Criminal Miscellaneous Bail Application No.7332/2024 and order [2025:RJ-JP:51647] (2 of 3) [CRLMB-16466/2025] dated 03.06.2024 passed in S.B. Criminal Miscellaneous Bail Application No.16044/2023. Learned counsel for the petitioner submits that apart from above, co-accused Inderjeet @ Inder, who was also charged with the allegation of offence under Section 8/29 of NDPS Act has also been granted benefit of bail vide order dated 25.09.2025 passed by the Co-ordinate Bench of this Court in S.B. Criminal Miscellaneous Bail Application No.11273/2025. He further submits that case of the petitioner is not dissimilar to co-accused Inderjeet @ Inder. There are no criminal antecedents against the petitioner. Learned counsel for the petitioner submits that although, alleged quantity recovered is more than commercial quantity, yet there is no absolute bar under Section 37 of NDPS Act for enlarging the accused on bail, more particularly in respect of accused persons from whose conscious possession, the contraband has not been recovered. Hence, a prayer has been made to grant bail to the petitioner. 3. Learned Public Prosecutor has vehemently opposed this bail application. 4. Considered the submissions made at Bar. 5. In view of the fact that Balli @ Balveer and Smt. Kamlesh, who are accused of having conscious possession of the recovered contraband as well as the other accused Inderjeet @ Inder, who is having similar allegations qua the petitioner have also been granted benefits of bail, hence, without expressing any opinion on the merits and demerits of the case, this Court deems it just and proper to enlarge the petitioner on bail. [2025:RJ-JP:51647] (3 of 3) [CRLMB-16466/2025] 6. Accordingly, this Bail Application is hereby allowed. The accused-petitioner Mansingh S/o Shri Ramkishore shall be released on bail in pursuance of FIR No.263/2023 registered at Police Station Atalbandh, District Bharatpur on furnishing a personal bond of Rs. 1,00,000/- along with two sureties of Rs.1,00,000/- each. That apart, the accused-petitioner shall also follow the conditions as under:- (i) He shall not tamper with any evidence, nor would influence the witnesses in the case. (ii) He shall not leave the country without prior permission of the Court. (iii) He shall co-operate in the trial and shall attend each and every date of hearing in the trial, until and unless his presence is exempted by the trial Court. (iv) He shall regularly mark his attendance in the concerned Police Station on 25th day of every month. Concerned S.H.O. shall maintain the register of attendance of the accused-petitioner. (v) On repetition of similar nature of offence during trial, the instant bail shall stand automatically cancelled. (ANAND SHARMA),J Jatin /618