[2025:RJ-JP:8918] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No.2252/2025 Abdullah Shah S/o Lt. Shri Rafiq Shah, Aged About 49 Years, R/o Survey No.736, Bapu Jda Kacchi Basti, Vidyadhar Nagar, Jaipur Raj. (Presently Confined In Central Jail, Jaipur.) ----Petitioner Versus State Of Rajasthan, Through Its PP ----Respondent Connected With S.B. Criminal Miscellaneous Bail Application No.2346/2025 Aashiq Ali Khan @ Aashq Ali Khan @ Golu S/o Shri Noori Khan, Aged About 20 Years, R/o Village Sarani Kheda, Police Station Sadar, District Dholpur, Currently House No. 736, Bapu Jda Kachchi Basti, Vidhadhar Nagar, Jaipur (Raj.) (At Present Accused Confined In Central Jail Jaipur). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Nikhil Saini, Adv. Mr. Rahul Agrawal, Adv. For Respondent(s) : Mr. Shree Ram Dhakar, PP HON'BLE MR. JUSTICE PRAVEER BHATNAGAR Order 28/02/2025 1. These instant bail applications have been filed under Section 483 of B.N.S.S. on behalf of accused-petitioners. The accused- petitioners have been arrested in connection with FIR No.26/2025, registered at Police Station Sanjay Circle, District Jaipur City [2025:RJ-JP:8918] (2 of 4) [CRLMB-2252/2025] (North), for the offence(s) under Sections 8/20 and 8/21 of the N.D.P.S. Act. 2. Learned counsel for the petitioners submit that the accused- petitioners have falsely been implicated in this case. It is argued that the alleged quantity of smack recovered from the possession of the Petitioner-Aashiq Ali Khan, is below commercial quantity. There are no similar nature of cases registered against the accused-petitioner. Similarly, accused petitioner-Abdullah Shah has been solely involved on the information furnished by the petitioner-Aashiq Ali Khan. There are no substantive evidence available on record which shows that the petitioner-Abdullah Shah has supplied the said contraband article to the petitioner-Aashiq Ali Khan. Apart from the disclosure statement of petitioner-Aashiq Ali Khan, there are no other corroborative evidence which shows that the accused petitioner supplied the said contraband article. The accused-petitioners are in custody since 23.01.2025 and the trial of the case may take considerable time, therefore, these bail applications of the accused-petitioners may be allowed. 3. Learned Public Prosecutor has vehemently opposed the grant of bail applications. It is contended that both the petitioners are habitual offender and against the petitioner-Aashiq Ali Khan two cases were registered for the offences under Sections 379 of IPC and Section 17/54 of the Excise Act, similarly against the petitioner-Abdullah Shah, 5 cases have been registered which includes cases under the N.D.P.S. Act, therefore, the bail application of the accused-petitioners may be dismissed. 4. Heard and perused the material available on the record. [2025:RJ-JP:8918] (3 of 4) [CRLMB-2252/2025] 5. Considering the fact that the recovery of smack was effected from the possession of the petitioner-Aashiq Ali Khan, which is below commercial quantity and that there are no similar nature of cases pending against the present petitioner. The accused- petitioner is in custody since 23.01.2025, therefore, I deem it just and proper to allow the bail application of the petitioner-Aashiq Ali Khan. As far as the other petitioner- Abdullah Shah is concerned apart from the disclosure statement of the petitioner-Aashiq Ali Khan, there are no other substantive evidence to the fact that the petitioner has supplied the said quantity of smack to petitioner- Aashiq Ali Khan, therefore, the bail application of the petitioner- Abdullah Shah is also allowed. 6. Accordingly, these bail applications under Section 483 of B.N.S.S., are allowed and it is ordered that the accused- petitioners- 1. Abdullah Shah S/o Lt. Shri Rafiq Shah and 2. Aashiq Ali Khan @ Aashq Ali Khan @ Golu S/o Shri Noori Khan, in connection with FIR No.26/2025, registered at Police Station Sanjay Circle, District Jaipur City (North), shall be enlarged on bail provided both of them furnish 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 for their appearance before the Court concerned on all the dates of hearing and as and when called upon to do so. 7. The accused-petitioners are also directed to mark their presence on 25th of every month till conclusion of trial before the concerned Police Station. The SHO of the concerned Police Station shall send the presence report of the accused-petitioners to the trial Court, every month. In case of any breach to the above [2025:RJ-JP:8918] (4 of 4) [CRLMB-2252/2025] condition, the learned Public Prosecutor shall be free to move the application against the petitioners for cancellation of the bail before the concerned Court. (PRAVEER BHATNAGAR),J Ashwani Kr Srivastava /278-279