[2025:RJ-JP:39685] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal 2nd Miscellaneous Bail Application No. 12247/2025 1. Ramniwas S/o Sohanram, Aged About 35 Years, R/o Artiya Khurd, Police Station Bhopalgarh, District Jodhpur (Presently Confined In District Jail, Jhalawar). 2. Shyam Singh S/o Bhawani Singh, Aged About 32 Years, R/o Shekhpur, Police Station Dug, District Jhalawar (Raj.) (Presently Confined In District Jail, Jhalawar). ----Petitioners Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Rajveer Singh Gurjar with Mr. Avtar Singh Rathore and Ms. Mamta Yadav For Respondent(s) : Mr. Manvendra Singh Choudhary, PP HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 25/09/2025 1. The present bail application under Section 483 of BNSS is filed by the applicants-accused Ramniwas S/o Sohanram and Shyam Singh S/o Bhawani Singh seeking bail in respect of a criminal case registered as FIR No.175/2025 dated 13.07.2025 registered at P.S. Dug District - Jhalawar, for the offence under Sections 8/22 and 8/30 of NDPS Act. The first bail application was dismissed as withdrawn with liberty to file after charge-sheet. 2. Learned counsel for the applicants submits that the applicants have been falsely implicated in the matter and the investigation against them is complete and they are no more [2025:RJ-JP:39685] (2 of 4) [CRLMB-12247/2025] 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 applicants do not have any criminal antecedents. He also submits that the applicants undertakes not to repeat offence and cooperate with investigation/trial, which will take time. 3. Learned counsel for petitioner submitted that now charge- sheet has been filed against the petitioner and one accused Ashok was granted bail by this Hon’ble Court. He also referred criminal antecedents against Shyam Singh and submitted that FIR No. 138/2024 is registered after recovery of contrband from Bahnwarlal and petitioner was arrayed as an accused only under Section 8/29 of NDPS Act. He also referred four criminal cases registered against Ramniwas and submitted that except FIR No. 66/2019, other related to IPC or Prisons Act. He referred FIR No. 66/2019 and submitted that contraband is recovered from Shrawan and Rajesh but petitioner is arrayed as an accused under Section 8/29 of NDPS Act. He also submitted that both the petitioners are on bail in previous case relating to NDPS Act. 4. Learned Public Prosecutor has vehemently opposed the bail application and submitted that the allegations are grave and serious in nature. She has also filed a report received from concerned Police Station. 5. Heard learned counsel for the parties and learned Public Prosecutor. Perused the material placed on record by both the parties. [2025:RJ-JP:39685] (3 of 4) [CRLMB-12247/2025] 6. On the basis of interception of car during patrolling and Nakabandi in the night of 12.07.2025 and recovery of 12.46 gms of MD along with ₹4,40,400/- from joint possession of petitioner accused. A recovery memo is drawn and a case under Section 8/22, 25 and 30 of NDPS Act and under Section 318(4), 336(3), 340(2) of BNS is registered against Shyam Singh, Ramniwas and Ashok, who were arrested and now they are in judicial custody. As per entry 238-F the recovered quantity of MD is more than small quantity but less than commercial quantity. We have considered criminal cases referred against petitioners, one criminal case against each of the petitioner under NDPS Act and they are for charge under Section 29 of NDPS At as recovery is not effected from them in the said case. Accused Ashok is granted bail by this Court on 15.09.2025. 7. Upon hearing the arguments and perusing the record, we have found that the applicants-accused are no more required in the investigation and they are 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 applicants-accused. 8. Thus, the instant bail application filed on behalf of applicants-accused Ramniwas S/o Sohanram and Shyam Singh S/o Bhawani Singh, is hereby allowed and the applicants-accused are ordered to be released on bail with condition that each of the petitioner would furnish a personal [2025:RJ-JP:39685] (4 of 4) [CRLMB-12247/2025] bond of ₹50,000/- with two sureties of like amount to the satisfaction of the Trial Court with the following conditions:- (i) The applicants-accused shall not tamper with evidence or influence the witness in any manner. (ii) The applicants-petitioners shall mark their attendance on First Monday of every month at P.S. Dug, Jhalawar. (iii) The applicants-accused shall not indulge in any criminal activity and shall not repeat any criminal offence punishable under the Law. (iv) The applicants-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. (v) In case of any violation of above conditions, the bail granted to the applicants-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 /12