[2025:RJ-JP:26662] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 1757/2025 Kamal Singh S/o Late Shri Mangu Singh, Aged About 40 Years, R/o Ward No. 05, Rawala Mohalla, Village Mokhampura, Gotarasi, Police Station Hathuniya District Pratapgarh (Raj.). (At Present Confined At Central Jail Jaipur). ----Accused-Applicant Versus State Of Rajasthan, Through PP ----Respondent For Applicant(s) : Mr. Govind Gupta, Adv. For Respondent(s) : Mr. Vivek Sharma, Addl. G.A. Ms. Arti Sharma, Dy. G.A. HON'BLE MR. JUSTICE ASHUTOSH KUMAR Order 17/07/2025 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 28.11.2024 passed by learned Special Judge, NDPS Cases Jaipur Metropolitan-First in connection with FIR No.323/2024, registered at Police Station Jyoti Nagar, District Jaipur City (South) for the offence punishable under Section 8/18 of Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'NDPS Act'), 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. Learned counsel argues that as per the prosecution story, about 5.758 Kg [2025:RJ-JP:26662] (2 of 3) [CRLMB-1757/2025] of liquid opium mixed with tamarind and jaggery was recovered from the possession of co-accused-Ramniwas. Learned counsel also argues that no contraband has been recovered from the present accused-applicant and he has been made accused, simply on the basis of statement of co-accused-Ramniwas. Learned counsel contends that there is no evidence against the present accused-applicant except the statement of co-accused-Ramniwas. Learned counsel further contends that the charge levelled against the accused-applicant is for the offence punishable under Section 8/29 of NDPS Act. Learned counsel also submits that the accused- applicant was arrested on 18.11.2024 and since then, he is behind the bars. Learned counsel prays that the charge-sheet has been filed and trial will take long time to conclude, therefore, the accused-applicant be enlarged on bail. 3. On the other hand, learned Public Prosecutor opposes the bail application. 4. Heard learned counsel for the parties and also perused the material available on record. 5. Having regard to the facts and circumstances of the case and also considering the facts that the alleged contraband has been recovered from the possession of the co-accused-Ramniwas; that the accused-applicant is behind the bars since 18.11.2024; that the accused-applicant has been made accused in this case only on the basis of information given by the co-accused; that the charge- sheet has been filed and 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 accused-applicant. [2025:RJ-JP:26662] (3 of 3) [CRLMB-1757/2025] 6. Consequently, the bail application filed under Section 483 of the B.N.S.S, 2023 is allowed. It is ordered that accused-applicant Kamal Singh S/o Late Shri Mangu Singh, arrested in FIR No. 323/2024, registered at Police Station Jyoti Nagar, District Jaipur City (South) shall be released on bail; provided he furnishes personal bond in the sum of Rs.1,00,000/- and two solvent attested sureties of Rs.50,000/- each to the satisfaction of the learned trial Court. 7. The Accused-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 Mohita /10