[2025:RJ-JP:10923] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 1377/2025 Bhagirath S/o Onkarlal, Aged About 45 Years, R/o Magispur, Police Station Sunel, District Jhalawar. (Rajasthan) (Petitioner Is In Sub Jail Bhawanimandi). ----Accused-Petitioner Versus State Of Rajasthan, Through PP ----Respondent Connected With S.B. Criminal Miscellaneous Bail Application No. 1460/2025 Jeetendra Kumar @ Bablu Pandit S/o Gopal Lal, Aged About 36 Years, R/o Devriya Kilol Police Station Gangdhar District Jhalawar (Raj.) (At Present Confined In Sub District Jail, Bhawani Mandi District Jhalawar (Raj.) ----Accused-Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Ali Mohammed Khan, Adv., and Mr. Rohit Khandelwal, Adv. For Respondent(s) : Ms. Arti Sharma, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 10/03/2025 1. These instant bail applications have been filed under Section 483 of BNSS on behalf of the petitioners, who have been arrested in connection with FIR No.239/2023, registered at Police Station Sunel, District Jhalawar for the offences punishable under Sections 8/15 and 8/29 of NDPS Act. Investigation is being conducted in this matter for the offences punishable under Sections 8/15, 8/25 and 8/29 of NDPS Act. 2. It is contended by learned counsel for the petitioners that petitioners have falsely been implicated in this case. Learned [2025:RJ-JP:10923] (2 of 3) [CRLMB-1377/2025] counsel submit that admittedly, no contraband has been recovered from the possession of the petitioners and they have been made accused in this case solely on the basis of interrogation of co- accused persons namely- Arjun Patidar and Kishor Kumar who were found in possession of the alleged contraband. It is submitted that aforementioned co-accused persons have already been granted benefit of bail by this court vide order dated 26.09.2024. There are no criminal antecedents against the petitioners and trial of the case will take considerable time. Petitioners are in custody since their date of arrest and further custody of the petitioners would not serve any fruitful purpose. 3. Learned Public Prosecutor opposes the submissions made by learned counsel for the petitioners and submits that matter pertains to recovery of contraband in commercial quantity therefore, considering the rigor of Section 37 of NDPS Act, bail should not be granted to them. 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 learned counsel for the petitioners, especially the fact that no contraband has been recovered from the possession of the petitioners so also considering the fact that co-accused persons who were found in possession of the alleged contraband have been granted benefit of bail by this Court; absence of criminal antecedents and trial will take time in its conclusion as well as looking to the custody period, but without commenting anything on the merits/demerits of the case, I deem it proper to allow these bail applications. [2025:RJ-JP:10923] (3 of 3) [CRLMB-1377/2025] 6. These bail applications are accordingly allowed and it is directed that accused-petitioners – 1. Bhagirath S/o Onkarlal and 2. Jeetendra Kumar @ Bablu Pandit S/o Gopal Lal shall be released on bail provided, each of them furnishes a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) together with two sureties in the sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) each to the satisfaction of the learned trial Court with the stipulation that each of them shall appear before that Court and any Court to which the matter is transferred, on all subsequent dates of hearing and as and when called upon to do so. 7. It is made clear that the accused-petitioners shall not involve in any other offence(s) during currency of the bail and they shall mark their presence in first week of every month in the concerned police station, till trial is concluded. 8. Concerned SHO is directed to maintain a register recording the attendance of the petitioners, as directed above. In case the petitioners fail to mark their presence in the concerned police station, as directed above, the concerned SHO is directed to immediately report the matter to the concerned Court in this regard. 9. If breach of any of these conditions is reported or come to the notice of the Court, the same shall alone be a reason for the trial Court to cancel the bail granted to them by this Court. (ANIL KUMAR UPMAN),J MADAN/25-26