[2025:RJ-JP:13374] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous 2nd Bail Application No. 3112/2025 Visu @ Saka S/o Jogiram, Aged About 19 Years, R/o Karoda, P.S. Khanori District Sangroor Panjab. (At Present Confined At Central Jail Kota). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Abdul Kalam Khan For Respondent(s) : Mr. Tapesh Agarwal, PP Mr. Shyama Ram, S.I., SHO PS Kanwas, Kota Rural HON'BLE MR. JUSTICE SUDESH BANSAL Order 25/03/2025 1. This second bail application has been filed by petitioner under Section 483 of the BNSS in connection with FIR No.21/2024 registered at Police Station Simliya, District Kota (Rural) for offence(s) under Section 8/15 of the NDPS Act. 2. It has been argued by counsel for petitioner that after rejection of first bail application vide order dated 07.11.2024, statements Seizure Officer- Umed Singh (PW-1) have been recorded during course of trial. It is an admitted case of prosecution that recovery of Poppy Husk (Doda Chura) was not made from the possession of petitioner and petitioner was arrested and implicated in the present case on the basis of information divulged by the main accused- Ravikant, who was caught red handed with the contraband in question in the vehicle. 3. It has been pointed out that the Seizure Officer, in his Court Statements, has admitted that no evidence could be collected to connect the accused-petitioner Visu @ Saka with the offence in question and same statements have been made in respect of other co-accused Bhagirath Gayri and Manpreet. Both the co-accused have already been [2025:RJ-JP:13374] (2 of 2) [CRLMB-3112/2025] released on bail and petitioner is in custody since 27.01.2024; there are no criminal antecedents against the petitioner and conclusion of trial may take a considerable time, hence, petitioner be released on bail. 4. Learned Public Prosecutor, with assistance of Investigating Officer, has opposed the bail application and is not in a position to controvert the statements of Seizure Officer. 5. Taking into consideration the contentions made by counsel for petitioner and the fact that contraband was not recovered from the possession of petitioner as also considering the statements of Seizure Officer and the co-accused Bhagirath Gayri and Manpreet have already been released on bail; there are no criminal antecedents against the petitioner, but without commenting on merits of the case, this Court deems it just and proper to release petitioner on bail. 6. Accordingly, the second bail application is allowed and it is ordered that accused-petitioner Visu @ Saka S/o Jogiram shall be released on bail on following conditions: (i) Since accused-petitioner is resident of State of Punjab, he shall not leave the State of Rajasthan without prior permission of the trial Court. (ii) Accused-petitioner shall submit two sureties of Rs. 1,00,000/- each of local resident of District Kota to the satisfaction of the learned trial Judge for his appearance before the Court concerned on all the dates of hearing as and when called upon to do so. (iii) Accused-petitioner shall not induce or influence or temper with any prosecution evidence/witness. (iv) Accused-petitioner shall not repeat the similar nature of offence. (v) In case, accused-petitioner is found involved in similar offence, during bail granted by this Court or breach of conditions is reported or come to the notice of the Court, the same shall be a reason for the trial Court to cancel the bail, granted by this Court. (SUDESH BANSAL),J NITIN /1