[2025:RJ-JP:39329] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 12193/2025 Ompal @ Bantu S/o Brajpal, Aged About 51 Years, R/o Tahu Paysa, Police Station Atalband, District Bharatpur (Raj.). (At Present Confined In Central Jail Sewar, Bharatpur). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Yogesh Singhal For Respondent(s) : Mr. Tapesh Agarwal, PP with Mr. Shubham Kumar Sain, AAAG HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 24/09/2025 1. This bail application has been filed under Section 483 of BNSS, on behalf of the petitioner, who has been arrested in connection with FIR No.208/2025 registered at Police Station Atalbandh, District Bharatpur (Raj.) for offence punishable under Section 8/21 of NDPS Act. 2. It is contended by learned counsel for the petitioner that the accused-petitioner has falsely been implicated in this case. Learned counsel submits that alleged recovered contraband (Smack) weighing 18.90 gram is below commercial quantity. It is submitted that there are no criminal antecedents against the petitioner of similar nature and he has been acquitted in other cases which were registered against him under the provisions of IPC. It is contended that trial will take considerable time in its conclusion. Counsel submits that petitioner is in custody since [2025:RJ-JP:39329] (2 of 3) [CRLMB-12193/2025] 04.08.2025 and further custody of the petitioner would not serve any fruitful purpose. 3. Learned Public Prosecutor opposes the submissions made by learned counsel for the petitioner. He submits that petitioner is a habitual offender as several other cases have been registered against him. 4. I have considered the contentions. 5. Having regard to the totality of the facts and circumstances of the case; considering the arguments advanced by both the parties, especially the fact that alleged recovered contraband is below commercial quantity, so also the fact that there are no criminal antecedents against the petitioner of similar nature and trial will take considerable time in its conclusion as well as looking to the custody period, but without commenting anything on the merits/demerits of the case, I deem it proper to allow the bail application. 6. This bail application is accordingly allowed and it is directed that accused-petitioner - Ompal @ Bantu S/o Brajpal, shall be released on bail provided he furnishes a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) together with two sureties in the sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) each to the satisfaction of the learned Trial Court with the stipulation that he shall appear before that Court and any court to which the matter is transferred, on all subsequent dates of hearing and as and when called upon to do so. 7. It is made clear that the accused-petitioner shall not involve in any other offence(s) during currency of the bail and he shall [2025:RJ-JP:39329] (3 of 3) [CRLMB-12193/2025] mark his presence in first week of every month in the concerned police station, till trial is concluded. 8. Concerned SHO is directed to maintain a register recording the attendance of the petitioner, as directed above. In case the petitioner fails to mark his presence in the concerned police station, as directed above, the concerned SHO is directed to immediately report the matter to the concerned Court in this regard. 9. If breach of any of these conditions is reported or come to the notice of the Court, the same shall alone be a reason for the trial Court to cancel the bail granted to him by this Court. 10. Office is directed to send a copy of this order to the concerned SHO for necessary compliance. 11. The observations made hereinabove are only for decision of the bail application and would not have any impact on the trial of the case in any manner. (ANIL KUMAR UPMAN),J GAUTAM JAIN /78