[2025:RJ-JP:19574] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous 4th Bail Application No. 1566/2025 Vijay S/o Shri Ramkishan, Aged About 44 Years, R/o Sardarpura Tan Loyal, Police Station Khetri Nagar District Jhunjhunu (Raj.). (At Present Confined In District Jail, Jhunjhunu). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Rajveer Singh Gurjar For Respondent(s) : Mr. N.S. Dhakar, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 09/05/2025 1. This fourth bail application has been filed under Section 483 of BNSS on behalf of the petitioner, who has been arrested in connection with FIR No.152/2022 registered at Police Station Khetri, District Jhunjhunu for the offence punishable under Section 8/18 of NDPS Act. After completion of investigation, police filed charge-sheet in this matter for the offences punishable under Sections 8/18, 8/25 and 8/29 of NDPS Act. 2. The first bail application filed on behalf of the petitioner was dismissed as withdrawn by this court vide order dated 12.07.2023 while giving liberty to the petitioner to renew the prayer for bail after recording testimony of the Seizure Officer. Thereafter, second & third bail applications filed on behalf of the petitioner were dismissed on merits vide order dated 28.02.2024 & [2025:RJ-JP:19574] (2 of 3) [CRLMB-1566/2025] 07.10.2024, respectively. Now, this fourth bail application has been preferred. 3. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. Counsel submits that similarly situated co-accused person namely- Ramlal has already been granted benefit of bail by this court. It is submitted that petitioner is in custody since 28.03.2022 and as such he has suffered incarceration of about more than three years. Trial will take considerable time in its conclusion and further custody of the petitioner would not serve any fruitful purpose. Counsel relies upon the following judgments passed by Hon'ble Apex Court in which period of incarceration has been considered relevant for grant of bail:- 1. Rabi Prakash Vs. The State of Odisha (Special Leave to Appeal (Crl.) No.4169/2023. 2. Mohd. Muslim @ Hussain Vs. State (NCT of Delhi): Criminal Appeal No.943/2023. 4. Learned Public Prosecutor vehemently opposes the submissions made by counsel for the petitioner. He submits that huge quantity of contraband opium weighing 10.79kgs has been recovered from the possession of the petitioner which comes within the definition of commercial quantity. He further submits that it is evident from the record that one other case under the NDPS Act has been registered against the petitioner and despite initiation of criminal proceedings under NDPS Act, the petitioner is found indulged in yet another case under the NDPS Act thus, considering the embargo contained in Section 37 of the NDPS Act, [2025:RJ-JP:19574] (3 of 3) [CRLMB-1566/2025] bail should not be granted to the petitioner. 5. I have considered the contentions. 6. Having regard to the totality of the facts and circumstances of the case; considering the arguments advanced by learned counsel for the petitioner, material made available on record including the judgments passed by Hon’ble Apex Court, as also the fact that despite initiation of criminal proceedings under NDPS Act, the petitioner is found indulged in yet another case under the NDPS Act and he was found in possession of commercial quantity of contraband therefore, it is a clear case of misuse of liberty of bail granted to the petitioner and this court is not satisfied that in the event of grant of bail in this case, petitioner will not repeat any other offence thus, I am not inclined to extend the indulgence of bail to the accused-petitioner. 7. Accordingly, this fourth bail application is dismissed. 8. The observation made hereinabove is only for decision of the instant bail application and would not have any impact on the trial of the case in any manner. (ANIL KUMAR UPMAN),J GAUTAM JAIN /28