[2025:RJ-JP:8945] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 2331/2025 Indraraj @ Inder S/o Kamal Singh, Aged About 26 Years, R/o Habibpur, Police Station Sadar Gangapurcity, District Sawai Madhopur. (At Present Confined Jail Gangapurcity). ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Ravindra Kumar Palwal For Respondent(s) : Mr. Shree Ram Dhakar, PP HON'BLE MR. JUSTICE PRAVEER BHATNAGAR Order 28/02/2025 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. 275/2024 registered at Police Station Sadar, Gangapur City District Gangapur City for the offence(s) under Sections 8/21 and 8/29 of NDPS Act. Learned counsel for the petitioner submits that the accused- petitioner has falsely been implicated in this case. The recovery of contraband articles containing smack of 6.04 grams were effected from the possession of other co-accused, who has already been enlarged on bail by the trial court. Apart from the disclosure statement of the co-accused, there is no other substantive evidence available on the record indicating the fact that petitioner has supplied the said smack to the main accused. The accused petitioner is in custody since 08.01.2025 and the trial of the case will take considerable time. Therefore, the benefit of bail may be granted to the accused-petitioner. [2025:RJ-JP:8945] (2 of 3) [CRLMB-2331/2025] Per contra, learned Public Prosecutor opposes the bail application. It is contended that petitioner is a habitual offender and against him 23 cases were registered under various offences, therefore considering the criminal antecedents and conduct of the petitioner, his bail application deserves to be dismissed. Heard and perused the material available on the record. Considering the arguments advanced by the counsel for the parties and looking to the fact that apart from the disclosure statement of other co-accused there is no other substantive evidence available on the record to the fact that petitioner has supplied the smack to the co-accused. Accused-petitioner is in custody since 08.01.2025 and the conduct of the petitioner is irrelevant as there is no direct material available on record to substantiate the allegation that petitioner has supplied contraband articles to other co-accused, without commenting 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 Indraraj @ Inder S/o Kamal Singh, in connection with FIR No. 275/2024 registered at Police Station Sadar, Gangapur City District Gangapur City 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 police station. The SHO of the concerned police station shall send the presence report of the accused petitioner to the trial court [2025:RJ-JP:8945] (3 of 3) [CRLMB-2331/2025] 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 /285