[2025:RJ-JP:8373] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 1830/2025 Kamlesh @ Kamal Vyas S/o Lakshminarayan, Aged About 27 Years, R/o Khaikheda, Police Station Shamgarh, District Mandsor, M.p. (At Present Confined At Sub Jail Bhawanimandi). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Vivek Yadav For Respondent(s) : Mr. Manvendra Singh, PP HON'BLE MR. JUSTICE PRAVEER BHATNAGAR Order 25/02/2025 The instant bail application has been filed under Section 483 BNSS on behalf of accused-petitioner. The petitioner has been arrested in connection with FIR No. 110/2024 registered at Police Station Mishroli, District Jhalawar for the offence(s) under Sections 8/15 of NDPS Act. Learned counsel for the petitioner submits that the accused- petitioner has falsely been implicated in this case. Learned counsel further submits that other co-accused Dhum Singh from whom, recovery of 13.250KG of poppystraw was effected has already been enlarged on bail by this court vide order dated 16.01.2025. Apart from the statement of the co-accused Dhum Singh, there is no other material available on the record indicating the fact that petitioner has supplied poppystraw to the main accused Dhum Singh. Recovered quantity of poppystraw is below commercial [2025:RJ-JP:8373] (2 of 3) [CRLMB-1830/2025] quantity. The accused petitioner is in custody since 06.12.2024 and the trial of the case will take considerable time. Charge-sheet has already been submitted before the concerned court. Therefore, the benefit of bail may be granted to the accused- petitioner. Per contra, learned Public Prosecutor opposes the bail application and contended that petitioner is a habitual offender and against him 13 cases have been registered under various offences, therefore considering the criminal antecedents of the petitioner, his bail application deserves to be dismissed. Heard and perused the material available on the record. Considering the fact that recovery of contraband articles were effected from the other co-accused and apart from the disclosure statement of co-accused Dhum Singh, there is no substantive evidence available on the record regarding supplying of contraband articles. Accused-petitioner is behind the bar since 06.12.2024 and trial of the case may taken considerable time, therefore, without expressing anything on the merits of the case, I deem it just and proper to enlarge the accused-petitioner on bail. Accordingly, the bail application under Section 483 BNSS is allowed and it is ordered that the accused-petitioner Kamlesh @ Kamal Vyas S/o Lakshminarayan,in connection with FIR No. 110/2024 registered at Police Station Mishroli, 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. The accused- petitioner is also directed to mark his presence on 25th of every month till conclusion of trial before the concerned [2025:RJ-JP:8373] (3 of 3) [CRLMB-1830/2025] 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 Magistrate. (PRAVEER BHATNAGAR),J ashu /3