[2025:RJ-JP:11785] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 2772/2025 Sohel Khan @ Sohel Manjar S/o Niyajuddin @ Riyajuddin, Aged About 26 Years, R/o Kotadi Fakiro Ki Masjid Ke Piche, Gumanpura, Police Station Gumanpura, District Kota City (Rajasthan) (At Present Confined In Central Jail Kota, District Kota) ----Accused-Petitioner/Applicant Versus State Of Rajasthan, Through Public Prosecutor ----Non-Petitioner For Petitioner(s) : Mr. Waseem Akram with Mr. Rajesh Gadwal For Respondent(s) : Ms. Arti Sharma, P.P. with Mr. Shubham Saini, AAAG HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 17/03/2025 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.02/2025 registered at Police Station Borkheda, District Kota City for the offence punishable under Section 8/21 of N.D.P.S. Act, 1985. Investigation is being conducted for the offences punishable under Sections 8/21 and 8/29 of the N.D.P.S. Act, 1985. 2. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. He submits that no contraband has been recovered from the possession of the petitioner and he has been made accused in this case solely on the basis of police interrogation/investigation of the co-accused [2025:RJ-JP:11785] (2 of 3) [CRLMB-2772/2025] persons who were found in possession of contraband. Petitioner is in custody since 30.01.2025 & there are no criminal antecedents against the petitioner of similar nature. Charge-sheet has been filed & trial of the case will take considerable time. Further custody of the petitioner would not serve any fruitful purpose. 3. Learned Public Prosecutor opposes the submissions made by the learned counsel for the petitioner. She submits that petitioner is a habitual offender as twelve other cases have been registered against him. 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 learned counsel for the petitioner, as also the fact that no contraband has been recovered from the possession of the petitioner; trial will take time; absence of criminal antecedents of similar nature as well as looking to the custody period, but without commenting anything on the merits/demerits of the case, I deem it fit and proper to allow this bail application. 6. This bail application is accordingly allowed and it is directed that accused-petitioner Sohel Khan @ Sohel Manjar S/o Niyajuddin @ Riyajuddin 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 [2025:RJ-JP:11785] (3 of 3) [CRLMB-2772/2025] 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, till trial is concluded. 8. Concerned SHO is directed to maintain a register recording 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 observation made herein above 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 GAURAV /170