HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 1398/2025 Rahul Patidar S/o Ramesh Chand, R/o Village Aagar, Post Barkheda Nayak, Tehsil Shamgarh, District Mandsaur (M.p.) (At Present Confined In Sub Jail, Bhawani Mani, Kota). ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Rajveer Singh Gurjar For Respondent(s) : Mr. S.R. Dhakar, PP HON'BLE MR. JUSTICE PRAVEER BHATNAGAR Order 29/01/2025 1. The instant bail application has been filed under Section 483 B.N.S.S. on behalf of the accused-petitioner. The accused- petitioner has been arrested in connection with FIR No.154/2024 registered at Police Station Kanwas, District Kota Rural for the offence(s) under Sections 8/15 and 8/29 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 there is no credible evidence available on record to the fact that the accused-petitioner was involved in transporting the contraband article along with the other co- accused Deepak. It is alleged against the co-accused Deepak that, he was carrying 102 kg 460 gram of poppy straw in the Creta vehicle. It is contended that it is also alleged by the prosecution that another vehicle Bolero was following the Creta vehicle and (2 of 3) [CRLMB-1398/2025] was helping in escorting the contraband article carried by the co- accused Deepak in a Creta vehicle. It is contended that the accused-petitioner was not found in Creta or Bolero vehicle, and only upon the statement of other co-accused Prahlad accused petitioner has been named in the FIR. It is also contended that there is no evidence to the fact that the accused-petitioner was in connection with the other co-accused Deepak from whom the commercial quantity of poppy straw was recovered. It is also contended that there are no criminal antecedents against the accused-petitioner. The accused-petitioner is in custody since long and trial/submission of charge-sheet of the case will take considerable time, therefore, the bail application of the accused- petitioner may be allowed. 3. Learned Public Prosecutor vehemently opposed the bail application and submitted the factual report dated 23.01.2025, the same is taken on record. 4. Heard and perused the material available on record. 5. The main allegation of carrying and transporting the contraband article containing 102 kg poppy straw is against the other co-accused Deepak and the accused-petitioner was not found in the vehicle in which co-accused Deepak was carrying contraband article. It is not alleged against the accused-petitioner that he was escorting the vehicle from which poppy straw was recovered, and the accused petitioner is implicated solely upon the statement of other co-accused Prahlad, therefore, considering the above facts, without commenting anything on the merits of the case, I deem it just and proper to enlarge the accused-petitioner on bail. (3 of 3) [CRLMB-1398/2025] 6. Accordingly, this bail application under Section 483 B.N.S.S. is allowed and it is ordered that the accused-petitioner Rahul Patidar S/o Ramesh Chand in connection with FIR No. 154/2024 registered at Police Station Kanwas, District Kota 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 as and when called upon to do so. (PRAVEER BHATNAGAR),J DEEPA RANI -26