[2025:RJ-JP:9907] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 3081/2025 Kalyan Lodha S/o Bejnath, Aged About 54 Years, R/o Bejajpur Police Station Harnawda Shahji District Baran (Raj.) (At Present Confined In Central Jail, Kota (Raj.) ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Rohit Khandelwal For Respondent(s) : Mr. Shree Ram Dhakar, PP HON'BLE MR. JUSTICE PRAVEER BHATNAGAR Order 05/03/2025 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.138/2024 registered at Police Station Devli Majhi, District Kota (Rural) for the offence(s) under Sections 8/15 of NDPS Act. Learned counsel for the petitioner submits that the accused- petitioner has falsely been implicated in this case. Learned counsel further submits that the recovery of contraband articles containing 84.960KG of poppy husk were effected from the possession of other co-accused and petitioner was not aware that co-accused were transporting the commercial quantity of poppy husk in his vehicle. The accused petitioner is in custody since 26.11.2024 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:9907] (2 of 2) [CRLMB-3081/2025] Per contra, learned Public Prosecutor opposes the bail application and contended that petitioner has provided his vehicle for transporting the contraband articles i.e. poppy husk, from his vehicle commercial quantity of poppy husk was recovered from the other co-accused, therefore considering the rider imposed under Section 37 of the NDPS Act, the bail application deserves to be dismissed. Heard and perused the material available on the record. The main allegation of transporting the contraband articles i.e. poppy husk are against other co-accused, there is no evidence to the fact that petitioner supplied the said contraband articles in his vehicle and was having knowledge to the fact other co-accused was transporting the contraband articles in the petitioner’s vehicle, therefore considering the above facts, 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 Kalyan Lodha S/o Bejnath, in connection with FIR No. 138/2024 registered at Police Station Devli Majhi, District Kota (Rural) 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 for his appearance before the court concerned on all the dates of hearing as and when called upon to do so. (PRAVEER BHATNAGAR),J ashu /97