[2025:RJ-JP:5605] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 1291/2025 Prathaviraj S/o Babulal, Aged About 35 Years, R/o Guradi, Police Station Chipabarodi, Distt. Baran. (Raj.) (Petitioner Is In Sub Jail Chhabra). ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Ali Mohammad Khan For Respondent(s) : Mr. S.R. Dhakar, PP HON'BLE MR. JUSTICE PRAVEER BHATNAGAR Order 07/02/2025 1. The instant bail application has been filed under Section 483 BNSS on behalf of accused-petitioner. The petitioner has been arrested in connection with FIR No.09/2025 registered at Police Station Chhipa-Barod, District Baran for the offence(s) under Section 8/20 of NDPS Act. 2. Learned counsel for the accused-petitioner submits that the accused-petitioner has falsely been implicated in this case. He further submits that the recovered quantity of cannabis is 12 Kg 720 grams. The cultivation of cannabis plant is punishable under Section 8/20(a)(i) of NDPS Act. The rider imposed under Section 37 of NDPS Act is not attracted. The definition of cannabis plant is specifically defined under Section 2(iii) and Ganja is defined under Section 2(iii)(b). There are no criminal antecedents present [2025:RJ-JP:5605] (2 of 2) [CRLMB-1291/2025] against the accused-petitioner, therefore, the bail application of the accused-petitioner may be allowed. 3. Learned Public Prosecutor has vehemently opposed the bail application. 4. Heard and perused the material available on record. 5. Considering the fact that it is alleged against the accused- petitioner that he was found cultivating cannabis plant without any licence and from the petitioner's possession, cannabis plant along with the stamp flowering, fruiting tops, leaf etc., was recovered. It is apparent that the rider contained under Section 37 of the NDPS Act is not applicable, further, there are no criminal antecedents present against the accused-petitioner and trial of the case may take considerable time, therefore, considering the above facts and without expressing anything on the merits of the case, I deem it just and proper to enlarge the accused-petitioner on bail. 6. Accordingly, the bail application under Section 483 BNSS is allowed and it is ordered that the accused-petitioner Prathaviraj S/o Babulal, in connection with FIR No.09/2025 registered at Police Station Chhipa-Barod, District Baran, shall be enlarged on bail provided he furnishes a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge for his appearance before the court concerned on all the dates of hearing and as and when called upon to do so. (PRAVEER BHATNAGAR),J Keshav/231