HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 1541/2025 Ahmed Hussain @ Sonu Musalman S/o Shri Ismail, Aged About 32 Years, R/o Taal Naka Aghoripura, Police Station Jawara City District Ratlam (Madhya Pradesh) (At Present Judicial Custody In Sub Jail, Bhawanimandi). ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Amit Kumar Sharma For Respondent(s) : Mr. Sudesh Saini, PP HON'BLE MR. JUSTICE PRAVEER BHATNAGAR Order 03/02/2025 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.37/2024 registered at Police Station Unhel Nageshwar, District Jhalawar for the offence(s) under Section 8/18 of NDPS Act. 2. Learned counsel for the accused-petitioner submits that the accused-petitioner has falsely been implicated for the offences under Sections 8/15, 8/25 and 8/29 of NDPS Act. He further submits that the alleged quantity of 1 kg opium was effected from the other co-accused Gurpreet Singh, who has already been enlarged on bail by this Court vide order dated 23.04.2024 and the accused-petitioner has been involved solely on the basis of statement of other co-accused. It is also contended that the alleged recovered quantity of opium is below commercial quantity. (2 of 3) [CRLMB-1541/2025] It is also contended that there is no reliable evidence available on record indicating the fact that the accused-petitioner supplied the contraband article to the main accused Gurpreet Singh. It is also contended that the charge-sheet has already been produced before the concerned Court. The accused-petitioner is in custody since 09.12.2024 and trial 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 contended that the accused-petitioner is a habitual offender and 4 other cases have been registered against him under various Acts, therefore, considering the criminal antecedents of the accused-petitioner, the bail application deserves to be dismissed. 4. Heard and perused the material available on record. 5. Considering the arguments advanced by the counsel for the parties and looking to the fact that the recovery of alleged contraband article containing 1 kg opium was effected from other co-accused Gurpreet Singh, without commenting anything on the merits of the case, I deem it just and proper to enlarge the accused-petitioner on bail. 6. Accordingly, this bail application under Section 483 B.N.S.S. is allowed and it is ordered that the accused-petitioner Ahmed Hussain @ Sonu Musalman S/o Shri Ismail, in connection with FIR No.37/2024 registered at Police Station Unhel Nageshwar, District Jhalawar, 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 (3 of 3) [CRLMB-1541/2025] his appearance before the court concerned on all the dates of hearing as and when called upon to do so. 7. The accused-petitioner is also directed to mark his presence on 25th of every month till conclusion of trial before the concerned Police Station. The SHO of the concerned Police Station shall send the presence report of the accused-petitioner to the trial Court, every month. In case of any breach to the above condition, the learned Public Prosecutor shall be free to move the application against the petitioner for cancellation of the bail before the concerned Court. (PRAVEER BHATNAGAR),J DEEPA RANI -16