[2025:RJ-JP:6835] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 2389/2025 Mahaveer Prasad S/o Nadan, Aged About 22 Years, R/o Chhapariya Ki Dhani, Churada, Police Station Dattwas, District Tonk, Rajasthan. (At Present Confined In District Jail Tonk, District Tonk) ----Accused-Petitioner Versus State Of Rajasthan, Through Public Prosecutor. ----Respondent For Petitioner(s) : Mr. Suresh Gurjar, Adv., with Mr. Aditya Joshi, Adv. For Respondent(s) : Ms. Arti Sharma, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 17/02/2025 1. The instant bail application has been filed under Section 483 of BNSS on behalf of the petitioner, who has been arrested in connection with FIR No.14/2025 registered at Police Station Datwas, District Tonk for the offences punishable under Sections 8/18 of NDPS Act. 2. It is contended by learned counsel for the petitioner that the accused-petitioner has falsely been implicated in this case. Learned counsel submits that as per the prosecution case, the contraband opium (403 grams) has been allegedly recovered from the possession of the petitioner, which is below commercial quantity. Petitioner is in custody since his date of arrest & there are no criminal antecedents of similar nature against him. Further [2025:RJ-JP:6835] (2 of 3) [CRLMB-2389/2025] custody of the petitioner would not serve any fruitful purpose. Trial will take considerable time to conclude. 3. Learned Public Prosecutor opposes the submissions made by learned counsel for the petitioner. 4. I have considered the contentions. 5. Having regard to the totality of the facts and circumstances of the case; considering the arguments advanced by both the parties, especially the fact that the quantity allegedly recovered from the petitioner is below commercial quantity; absence of criminal antecedents of similar nature; trial of the case will take time in its conclusion as well as looking to the custody period, but without commenting anything on the merits/demerits of the case, I deem it proper to allow the bail application. 6. This bail application is accordingly allowed and it is directed that accused-petitioner–Mahaveer Prasad S/o Nadan shall be released on bail provided, he furnishes a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) together with two sureties in the sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) each to the satisfaction of the learned Trial Court with the stipulation that he shall appear before that Court and any court to which the matter is transferred, on all subsequent dates of hearing and as and when called upon to do so. 7. It is made clear that the accused-petitioner shall not involve in any other offence(s) during currency of the bail and he shall mark his presence in first week of every month in the concerned police station. 8. Concerned SHO is directed to maintain a register recording [2025:RJ-JP:6835] (3 of 3) [CRLMB-2389/2025] the attendance of the petitioner, as directed above. In case the petitioner fails to mark his presence in the concerned police station, as directed above, the concerned SHO is directed to immediately report the matter to the concerned Court in this regard. 9. If any breach of these conditions is reported or come to the notice of the Court, the same shall alone be a reason for the trial Court to cancel the bail granted to him by this Court. 10. The observations made hereinabove is only for decision of the instant bail application and would not have any impact on the trial of the case in any manner. (ANIL KUMAR UPMAN),J MADAN/64