[2025:RJ-JP:8154] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous 2nd Bail Application No. 2439/2025 Ghanshyam S/o Gopal, Aged About 26 Years, R/o Village Muwala, Police Station Sitamau, Distt. Mandsour (M.p.) (At Present In Distt. Jail Bundi). ----Applicant Versus State of Rajasthan, Through PP ----Respondent Connected With S.B. Criminal Miscellaneous Bail Application No. 2440/2025 Samarth S/o Ramlal, Aged About 44 Years, R/o Village Tamboliya, Police Station Sitamau, Distt. Mandsour (M.p.) (At Present In Distt. Jail Bundi). ----Applicant Versus State of Rajasthan, Through PP ----Respondent For Applicant(s) : Mr. Ali Mohammed Khan Ms. Drishti Mishra in S.B. Criminal Miscellaneous Bail Application No. 2439/2025 Mr. Nikitha Bhandari for Mr. Ananth Shankar Sharma Mr. Shivam Kumar Sharma in S.B. Criminal Miscellaneous Bail Application No. 2440/2025 For Respondent(s) : Mr. Jitendra Singh Rathore, Addl.G.A HON'BLE MR. JUSTICE ASHUTOSH KUMAR Order 24/02/2025 1. The present second bail application has been filed by the accused-applicant-Ghanshyam. The first bail application filed on behalf of the applicant has been withdrawn by the applicant vide order dated 13.12.2024 passed by this Court. [2025:RJ-JP:8154] (2 of 3) [CRLMB-2439/2025] 2. These bail applications have been filed under Section 483 of the B.N.S.S, 2023 against the order passed by learned Special Judge NDPS and learned Additional District and Sessions Judge No.2, Bundi, Rajasthan in connection with FIR No.65/2024, registered at Police Station Basoli District Bundi for the offence under Section 8/15 of the N.D.P.S Act, 1985 by which the bail application of the accused-applicants under Section 439 of Cr.P.C has been dismissed. 3. Learned counsel for the accused-applicants submitted that the accused-applicants have falsely been implicated in this case on 14.08.2024 and about 55 kg of poppy husk has been recovered from the possession of the accused-applicants, which is just above the commercial quantity. Learned counsel also submitted that the charge-sheet against the accused-applicants have been filed. He also submits that there is no other criminal case is pending against the applicants. 4. Learned counsel for the accused-applicants argued that the accused-applicants were arrested on 14.08.2024 and since then, they are behind the bars and trial will take a long time to conclude, therefore, the accused-applicants be granted benefit of bail. 5. Learned Public Prosecutor vehemently opposed these bail applications on the ground that 55 kg of poppy husk has been recovered from the possession of the accused-applicants which is above the commercial quantity, therefore the accused-applicants should not be granted benefit of bail. [2025:RJ-JP:8154] (3 of 3) [CRLMB-2439/2025] 6. Heard learned counsel for the parties and also perused the material available on record. 7. Having regard to the facts and circumstances of the case, and considering the fact that about 55 kg of poppy husk has been recovered from the possession of the accused-applicants which is just above the commercial quantity and after investigation the charge-sheet has been filed and trial will take a 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 applications filed by the applicants. 8. Consequently, these bail applications:- S.B. Criminal Miscellaneous Second Bail Application No. 2439/2025 and S.B. Criminal Miscellaneous Bail Application No. 2440/2025 filed under Section 483 of the B.N.S.S, 2023 are allowed. It is ordered that accused-applicants namely Ghanshyam S/o Gopal and Samarth S/o Ramlal, arrested in FIR No.65/2024, registered at Police Station Basoli, District Bundi shall be released on bail; provided each of them furnishes personal bond in the sum of Rs.1,00,000/- and two solvent sureties of Rs.50,000/- each to the satisfaction of the trial Court. Applicants 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 TANISHA /3-4