[2025:RJ-JP:43677] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous 2nd Bail Application No. 10467/2025 Sheetal Kumar S/o Thakur Prasad, Aged About 35 Years, R/o Bhanpura Police Station Bhanpura District Mandsor (Madhya Pradesh) (At Present Confined In Sub-District Jail, Ramganj Mandi District Kota (Raj) ----Accused-Applicant Versus State Of Rajasthan, Through PP ----Respondent For Applicant(s) : Mr. Rohit Khandelwal, Adv. For Respondent(s) : Mr. Devi Singh, Dy.GA Mr. Shree Ram Dhakar, Dy.GA HON'BLE MR. JUSTICE ASHUTOSH KUMAR Order 31/10/2025 1. The First Bail Application was dismissed as withdrawn by this Court vide order dated 18.07.2025. 2. The present second bail application has been filed by the accused-applicant under Section 483 of the B.N.S.S, 2023 in connection with FIR No. 114/2024, registered at Police Station Morak, District Kota Rural, for the offence punishable under Section 8/15 of NDPS Act, 1985. 3. Learned counsel for the accused-applicant submits that in this matter, the accused-applicant has been implicated only on the basis of statement given by co-accused- karulal. Learned counsel also submits that no recovery has been made from the present accused-applicant. Learned counsel argues that the accused- applicant was arrested on 18.02.2025 and since then, he is behind [2025:RJ-JP:43677] (2 of 3) [CRLMB-10467/2025] the bars. Learned counsel contends that there is no criminal antecedent against the accused-applicant. Learned counsel further contends that the charge-sheet has been filed and trial will take long time to conclude, therefore, the accused-applicant be enlarged on bail. 4. On the other hand, learned Public Prosecutor opposes the bail application and submits that on 11.05.2024, 415 Kg of poppyhusk has been recovered from the possession of co-accused persons namely; Karulal and Balchand and as per the interrogation, present accused-applicant handed over the contraband to co-accused Karulal and Balchand. Learned Public Prosecutor also submits that the present accused-applicant was in constant touch with the co-accused Karulal and Balchand on mobile-phone till recovery of the contraband, therefore, the bail application of the accused-applicant be rejected. 5. Heard learned counsel for the parties and also perused the material available on record. 6. Having regard to the overall facts and circumstances of the case and considering the facts; that on 11.05.2024, 415 Kg of poppyhusk has been recovered from the possession of co-accused persons namely; Karulal and Balchand; that the present accused- applicant was not present at the time of recovery of contraband; that the present accused-applicant has been made accused in this matter for the offences punishable under Sections 8/25 and 8/29 of NDPS Act and it has also been alleged that the pickup from which the contraband has been recovered is registered in the name of present accused-applicant, however, the prosecution has not produced any registration certificate which may show that the [2025:RJ-JP:43677] (3 of 3) [CRLMB-10467/2025] vehicle-in-question from which the contraband has been recovered is in the name of present accused-applicant; that no contraband has been recovered from the present accused-applicant; that there is no criminal antecedent against the accused-applicant; that the accused-applicant has been made accused in this case based on the statement given by the co-accused-Karulal and that the charge-sheet has been filed and trial will take long time to conclude, but without expressing any opinion on the merits/demerits of the case, this Court deems it proper to allow the bail application filed by the accused-applicant. 7. Consequently, this bail application filed under Section 483 of the B.N.S.S, 2023 is allowed. It is ordered that accused-applicant Sheetal Kumar S/o Thakur Prasad, arrested in FIR No. 114/2024, registered at Police Station Morak, District Kota Rural, shall be released on bail; provided he furnishes personal bond in the sum of Rs.1,00,000/- and two solvent sureties of Rs.50,000/- each to the satisfaction of the learned trial Court. 8. The Accused-Applicant shall be required to appear before that Court on all dates of hearing and as and when called upon to do so. (ASHUTOSH KUMAR),J Mohita /2