[2025:RJ-JP:31511] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 1860/2025 Mukesh S/o Bhagchand, Aged About 26 Years, R/o Naand, Police Station Pushkar, District Ajmer (Raj.) (Presently Accused Petitioner Confined In Central Jail, Ajmer). ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Deepak Chauhan Mr. Ashok Chaudhary Mr. Deepak Moolchandani Mr. Nitesh Dodhich For Respondent(s) : Mr. Shree Ram Dhakar, PP Mr. Om Prakash SO PS Bhinay-IO HON'BLE MR. JUSTICE PRAVEER BHATNAGAR Order 13/08/2025 1. The instant bail application has been filed under Section 483 BNSS on behalf of accused-petitioner. The accused-petitioner has been arrested in connection with FIR No. 235/2024 registered at Police Station Sarwad, District Kekri for the offences under Section 8/15 of NDPS Act. 2. Learned counsel for the accused-petitioner submits that the accused-petitioner has falsely been implicated in this case. It is contended that the abandoned vehicle was seized on 08.07.2024 with the 1019 KG of poppyhusk and there is no connectivity of the fact that the petitioner was driver of the said pick-up vehicle and there is no substantive evidence available on the record to show that on 08.07.2024 petitioner was carrying or transporting the [2025:RJ-JP:31511] (2 of 3) [CRLMB-1860/2025] said contraband articles in the pick-up vehicle. It is also contended that after the arrest of petitioner on 02.10.2024, statement of Shreekrishan was recorded on 24.03.2025, wherein he has stated that he had given the sim card having No. 950926XXXX to the accused Mukesh. It is contended that the petitioner is not the allottee of the sim nor the mobile phone was recovered from petitioner's possession, there was no ground prior to recording of statement of Shreekrishan on 24.03.2025 to arrest the petitioner in the alleged crime. The prosecution is not able to establish the fact that petitioner was carrying or transporting the contraband articles being the driver of the pick-up vehicle. The accused- petitioner is behind the bar since 02.10.2024 and the trial of the case may take considerable time, therefore, the bail application of the accused-petitioner may be allowed. 3. Learned Public Prosecutor has vehemently opposed the bail application. 4. Investigating Officer Mr. Om Prakash (SI) P.S. Bhinay, is present in person and stated that prior to statement of Shreekrishan, there was no evidence to the fact that petitioner was using mobile No. 950926XXXX. The Investigating Officer fairly concedes that no recovery of mobile or sim allegedly used by the petitioner was recovered from petitioner's possession or from anyone. Investigating Officer has also stated that apart from the interrogation from the relatives of the petitioner, he has not recorded any statement of the witness to the fact that petitioner was driving the said pick-up vehicle on 08.07.2024 alongwith the owner i.e. Shivlal and was carrying the commercial quantity of poppyhusk. [2025:RJ-JP:31511] (3 of 3) [CRLMB-1860/2025] 5. Heard and perused the material available on the record. 6. Admittedly, the commercial quantity of poppyhusk was recovered from the abandoned vehicle, it is not desirable to express anything on the merits of the case, however considering the fact that petitioner is behind the bar since long and from his conscious possession recovery of poppyhusk was not made rather the present petitioner was arrested after three months of the seizure of the said contraband articles and petitioner is not the owner of the said vehicle, this Court deem it just and proper to enlarge the accused-petitioner on bail. 6. Accordingly, the bail application under Section 483 BNSS is allowed and it is ordered that the accused-petitioner namely: Mukesh S/o Bhagchand, in connection with FIR No. 235/2024 registered at Police Station Sarwad, District Kekri 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/- to the satisfaction of the learned trial Judge for his appearance before the court concerned on all the dates of hearing and as and when called upon to do so. (PRAVEER BHATNAGAR),J ashu /205