[2025:RJ-JP:6038] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 1219/2025 Hemraj Meena S/o Shri Ramkaran Meena, Aged About 33 Years, R/o Near Mahadev Ji Temple, Village Kursiya, Tehsil Todaraisingh, District Tonk (Raj.). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Rajveer Singh Gurjar For Respondent(s) : Ms. Arti Sharma, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 11/02/2025 1. The instant pre-arrest bail application has been filed under Section 482 of B.N.S.S. filed on behalf of the petitioner, who is having apprehension of arrest in F.I.R. No.833/2024 registered at Police Station Pratapnagar (Jaipur City)(East)), District Jaipur City (East) (Rajasthan) for offence under Section 8/20 of NDPS Act. 2. It is contended by learned counsel for the petitioner that the accused-petitioner has falsely been implicated in this case. Counsel submits that petitioner has been made accused solely on the basis of the fact that co-accused Chandraprakash was found in possession of 1.37 Kgs of Ganja. Counsel submits that during police interrogation of co-accused Chandraprakash, he stated that the said Ganja was procured by him from the petitioner. Counsel submit that interrogation of the co-accused is not admissible as same is hit by Section 25 of the Indian Evidence Act. Counsel [2025:RJ-JP:6038] (2 of 3) [CRLMB-1219/2025] relies upon the judgment rendered by Hon’ble Supreme Court in the case of Tofan Singh Vs. State of Tamil Nadu reported in AIR 2020 SC 5592. Counsel submits that on the same day, he was implicated in two other cases on the basis of same allegation. Counsel submits that in both cases, facility of anticipatory bail has been granted to the petitioner by this Court. Counsel submits that petitioner is ready to co-operate with the investigation. Custodial interrogation of the petitioner would not served any fruitful purpose. 3. Learned State Counsel opposes the submissions made by counsel for the petitioner. 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 counsel for the petitioner, especially the fact that petitioner has been made accused solely on the basis of police interrogation of co-accused who was found in possession of Ganja; in two others cases of same allegation, he has been granted anticipatory bail, but without commenting anything on the merits/demerits of the case, I deem it proper to allow the bail application. 6. The anticipatory bail application is allowed. The S.H.O/I.O/Arresting Officer, Police Station Pratapnagar (Jaipur City)(East)), District Jaipur City (East) (Rajasthan) in F.I.R. No.833/2024 is directed that in the event of arrest of the petitioner- Hemraj Meena S/o Shri Ramkaran Meena, he shall be released on bail, provided he furnishes a personal bond in the [2025:RJ-JP:6038] (3 of 3) [CRLMB-1219/2025] sum of Rs.50,000/- with two sureties in the sum of Rs.25,000/- each to the satisfaction of the S.H.O/I.O/Arresting Officer of the concerned Police Station on the following conditions:- (i) that the petitioner shall make himself available for interrogation by a police officer as and when required; (ii) that the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or any police officer, and (iii) that the petitioner shall not leave India without previous permission of the court. (ANIL KUMAR UPMAN),J LALIT MOHAN /256