[2025:RJ-JP:12323] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous II Bail Application No. 1777/2025 Mithlesh Kumar S/o Late Dula Shah, Aged About 34 Years, R/o House No. 385, Shramik Colony, Purvi Pal Vistar Yojana Ward No. 4 P.s. Basni Jodhpur (Raj.) (At Present Confined In Central Jail Kota). ----Petitioner Versus C.b.n., Through Special PP ----Respondent For Petitioner(s) : Mr. Ajay Singh Yaduvanshi For Respondent(s) : Mr. Vaibhav Jhankra with Mr. Tej Prakash Sharma, SPP (CBN) (Through VC) HON'BLE MR. JUSTICE PRAVEER BHATNAGAR Order 19/03/2025 1. The instant second bail application has been filed under Section 483 BNSS on behalf of accused-petitioner. The petitioner has been arrested in connection with FIR No. 04/2023 registered at Police Station CBN, Kota for the offence(s) under Sections 8/20(c) and 8/29 of NDPS Act. 2. Learned counsel for the accused-petitioner submits that the accused-petitioner has falsely been implicated in this case. He further submits that the first bail application of the petition was dismissed on 25.11.2024. After dismissal of the first bail application, the charge-sheet has been produced against the accused-petitioner. It is also contended that apart from the call details between the Chhotu Ansari and petitioner, there is no [2025:RJ-JP:12323] (2 of 3) [CRLMB-1777/2025] substantive evidence available on record which shows the connectivity of the present petitioner in the alleged crime. The accused-petitioner is in custody since long and trial of the case may take considerable time, therefore, the second bail application of the accused-petitioner may be allowed. 3. Learned Special Public Prosecutor has vehemently opposed the bail application and submitted that the first bail application of the accused-petitioner was dismissed vide order dated 25.11.2024 and mere production of charge-sheet cannot be a ground to enlarge the accused-petitioner on bail. It is also contended that while deciding the first bail application, the Court observed the transactions took place between the Chhotu Ansari and the present petitioner from whom, the alleged commercial quantity of contraband articles were recovered and delay in trial itself cannot be a ground to enlarge the accused-petitioner on bail as held by Hon'ble Apex Court in the case of Narcotics Control Bureau Vs. Mohit Aggarwal: 2022 LiveLaw (SC) 613, therefore, the second bail application of the accused-petitioner may be dismissed. 4. Heard and perused the material available on record. 5. The first bail application of the accused-petitioner was dismissed on merits, mere production of charge-sheet and delay in trial itself cannot be a ground to enlarge the petitioner on bail. Therefore, considering the conditions enshrined under Section 37 of the NDPS Act, this Court is not inclined to enlarge the accused- petitioner on bail. [2025:RJ-JP:12323] (3 of 3) [CRLMB-1777/2025] 6. Accordingly, the second bail application of the accused- petitioner is hereby, dismissed. (PRAVEER BHATNAGAR),J Keshav/29