[2025:RJ-JP:25186] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 1577/2025 Bahadur @ Bahadar S/o Shri Ramchander, Aged About 56 Years, R/o Dahalawas Police Station Akbarpur Currently Residing At Rundh Binak, Police Station Akbarpur, District Alwar (Raj.) (Accused Petitioner Is In Judicial Custody In Central Jail, Alwar). ----Accused/Applicant Versus State Of Rajasthan, Through PP ----Respondent For Applicant : Mr. Manish Gupta, Adv. For Respondent : Mr. Vivek Sharma, Addl.G.A. HON'BLE MR. JUSTICE ASHUTOSH KUMAR Order 08/07/2025 1. The present bail application has been filed by the accused- applicant under Section 483 of the B.N.S.S., 2023 against the order dated 19.12.2024 passed by learned Special Judge (Narcotic Drugs and Psychotropic Substances) Cases, Alwar in Bail Application No.1240/2024 arising out of FIR No.56/2024, registered at Police Station Akbarpur, District Alwar for the offences punishable under Section 8/18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the 'Act of 1985') by which the bail application of the accused- applicant under Section 483 of the B.N.S.S., 2023 has been dismissed. 2. Learned counsel for the accused-applicant submits that the accused-applicant has falsely been implicated in this case. [2025:RJ-JP:25186] (2 of 3) [CRLMB-1577/2025] Learned counsel also submits that the allegation against the accused-applicant is that some plants of opium were cultivated by the accused-applicant and the weight of the said plants, recovered from possession of the accused-applicant, is about 104.8 kilograms. Learned counsel argues that in the present case, clause (c) of Section 18 of the Act of 1985 shall apply and the plants cannot be treated above the commercial quantity. 3. Learned counsel for the accused-applicant contends that the accused-applicant was arrested on 01.12.2024 and since then, he is behind the bars. Learned counsel also contends that no other criminal case is registered against the accused-applicant and charge-sheet has already been filed and trial will take long time to conclude, therefore, the accused-applicant be granted benefit of bail. 4. In support of his contentions, learned counsel for the accused-applicant places reliance upon the judgments passed by the Coordinate Bench of this Court in the case of Thakur Singh Vs. State of Rajasthan (S.B. Criminal Miscellaneous Bail Application No.2965/2025) and also, the judgments passed by the Coordinate Benches of this Court at Principal Seat, Jodhpur in the cases of:- • Ladu Ram Vs. State of Rajasthan (S.B. Criminal Miscellaneous Bail Application No.4883/2025) & • Hardeen Ram Vs. State of Rajasthan (S.B. Criminal Miscellaneous Bail Application No.3085/2025). 5. Learned Additional Government Advocate vehemently opposes this bail application. [2025:RJ-JP:25186] (3 of 3) [CRLMB-1577/2025] 6. Heard learned counsel for the parties and also perused the material available on record. 7. Considering the overall facts and circumstances of the case, looking to the period of custody of the accused-applicant; judgments relied upon by learned counsel for the accused- applicant; the fact that no other criminal case is pending against the accused-applicant and charge-sheet has been filed and also the trial will take long time to conclude, but without expressing any opinion on the merits/demerits of the case, this Court deems it proper to allow the bail application filed by the applicant. 8. Consequently, this bail application filed under Section 483 of the B.N.S.S., 2023 is allowed. It is ordered that accused-applicant Bahadur @ Bahadar S/o Shri Ramchander, arrested in connection with FIR No.56/2024, registered at Police Station Akbarpur, District Alwar shall be released on bail; provided he furnishes personal bond in the sum of Rs.50,000/- and two solvent attested sureties of Rs.25,000/- to the satisfaction of the trial Court. Applicant shall be required to appear before that Court on all dates of hearing and as and when called upon to do so. (ASHUTOSH KUMAR),J AARZOO ARORA /22