[2025:RJ-JP:51241] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 16628/2025 Bhagwan Singh S/o Madanlal, Aged About 30 Years, R/o Kotadi, Police Station Ghatoli, District Jhalawar (Raj.) (Presently Confined In District Jail At Jhalawar). ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Narsi Prasad Sharma For Respondent(s) : Ms. Aarti Sharma, PP HON'BLE MR. JUSTICE ANAND SHARMA Order 18/12/2025 1. This criminal miscellaneous bail application has been filed by the petitioner under Section 483 of BNSS, 2023 in respect of FIR No.698/2025 registered at Police Station Kotwali Jhalawar, District Jhalawar for the offences punishable under Sections 8, 21 and 29 2. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in the FIR in question and recovery of 193 gms. smack has been shown against him. Learned counsel further submits that as such search and recovery has been made in violation of Sections 42, 50 and 52 of the NDPS Act. Learned counsel submits that even otherwise, the recovered contraband is less than commercial quantity, therefore, Bar of Section 27 of the NDPS Act shall not come in the way of granting bail to the petitioner and he is behind the bars since 23.11.2025. [2025:RJ-JP:51241] (2 of 3) [CRLMB-16628/2025] He also submits that there are no criminal antecedents against the petitioner and trial is likely to take considerably long time. Hence, a prayer has been made to enlarge the petitioner on bail. 3. Learned Public Prosecutor has vehemently opposed this bail application. 4. Having considered the submissions made by learned counsel for the petitioner as well as learned Public Prosecutor and in view of the fact that the recovered contraband is measuring less than commercial quantity and there are no criminal antecedents against the petitioner as well as the dispute raised by the petitioner with regard to non-compliance of Sections 42, 50 and 52 of the NDPS Act, this Court without expressing any opinion on the merits and demerits of the case, deems it just and proper to enlarge the petitioner on bail. 6. Accordingly, this Bail Application is hereby allowed. The accused-petitioner Bhagwan Singh S/o Madanlal shall be released on bail in pursuance of FIR No. 698/2025 registered at Police Station Kotwali Jhalawar, District Jhalawar on furnishing a personal bond of Rs. 1,00,000/- along with two sureties of Rs.50,000/- 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. [2025:RJ-JP:51241] (3 of 3) [CRLMB-16628/2025] (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) They shall regularly mark their 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-petitioners. (v) On repetition of similar nature of offence during trial, the instant bail shall stand automatically cancelled. (ANAND SHARMA),J DIVYA /297