[2025:RJ-JP:44181] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous 2nd Bail Application No. 14379/2025 Deepak S/o Prahlad, Aged About 26 Years, R/o Mali Mohalla Phuliyakala P.s. Phuliyakala District Bhilwara Rajasthan. (At Present In Central Jail Ajmer). ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Pradeep Sharma For Respondent(s) : Mr. Manvender Singh Choudhary, PP HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 03/11/2025 1. The second bail application under Section 483 of BNSS is filed by the applicant-accused Deepak S/o Prahlad seeking bail in respect of a criminal case registered as FIR No.293/2025 dated 27.08.2025 registered at P.S. Kekri City District – Ajmer, for the offence under Sections 8/21 of NDPS Act. 2. Learned counsel for the applicant submits that the applicant has been falsely implicated in the matter and the investigation against him is complete and he is no more required in investigation. He further submits that there are no chance of fleeing of applicant accused from the jurisdiction of this Hon’ble Court. He also submits that the applicant undertakes not to repeat offence and cooperate with investigation/trial, which will take time. [2025:RJ-JP:44181] (2 of 4) [CRLMB-14379/2025] 3. The first bail application of petitioner was dismissed as withdrawn on 23.09.2025 and now, a charge-sheet has been filed against the petitioner. 4. Learned counsel for petitioner submits that the facts of the case clearly indicate that police has intercepted Dwarka Prasad and Chittarmali to recover 5.31 gms of smack from their possession. He further submits that present petitioner was arrayed as an accused only on information of co- accused and there is no recovery from the possession of the present petitioner. He further referred FIR No. 160/2025 registered at Phulia Kalan under Section 21 of NDPS Act and submits that police has allegedly recovered smack from the possession of present petitioner and registered another case. He also submits that present applicant is in custody since his arrest on 03.09.2025. 5. Learned Public Prosecutor has vehemently opposed the bail application and submitted that the allegations are grave and serious in nature. 6. Heard learned counsel for the petitioner-accused and learned Public Prosecutor. Perused the material placed on record by both the parties. 7. During Nakabandi (patrolling) SHO, PS Kekri has intercepted a motorcycle and detained Dwarka Prasad and Chittarmali and recovered 5.31 grams of smack. A case under Section 8/21 of NDPS Act was registered on 27.08.2025 at PS Kekri City District Ajmer. During investigation, involvement of present petitioner is also found and ultimately a charge- sheet is filed against 4 accused. The present applicant is in [2025:RJ-JP:44181] (3 of 4) [CRLMB-14379/2025] custody since 03.09.2025. One day after the present incident recovery of smack is effected from the possession of present petitioner and FIR No. 160/2025 under Section 8/21 of NDPS Act is registered at P.S. Phulia Kalan District Bhilwara. 8. Upon hearing the arguments and perusing the record, we have found that the applicant-accused is no more required in the investigation and he is 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 applicant- accused. 9. Thus, the instant bail application filed on behalf of applicant- accused Deepak S/o Prahlad, is hereby allowed and the applicant-accused is ordered to be released on bail upon furnishing a personal bond of ₹50,000/- with two sureties of like amount to the satisfaction of the Trial Court with the following conditions:- (i) The applicant-accused shall not tamper with evidence or influence the witness in any manner. (ii) The applicant-accused shall not indulge in any criminal activity and shall not repeat any criminal offence punishable under the Law. (iii) The applicant-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. [2025:RJ-JP:44181] (4 of 4) [CRLMB-14379/2025] (iv) In case of any violation of above conditions, the bail granted to the applicant-accused shall be liable to be canceled. 10. The Registry is directed to send a copy of this order to the Trial Court through E-mail. (ASHOK KUMAR JAIN),J MONU /285-S