[2025:RJ-JP:29899] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 1571/2025 Khusnood S/o Mahmood, Aged About 36 Years, R/o Taprana Tehsil Kairana, Police Station Jhujhana, District Shamli (U.p.) (At Present Accused Confined In District Jail, Jhalawar) ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent Connected With S.B. Criminal Miscellaneous Bail Application No. 2785/2025 Radheyshyam S/o Gaurishankar, Aged About 50 Years, R/o Peepliya Mitheshah Police Station Garoth District Mandsor (Mp) (At Present Confined In Sub District Jail, Bhawani Mandi District Jhalawar (Raj.). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent S.B. Criminal Miscellaneous Bail Application No. 3224/2025 Vikram Bairagi S/o Amritdas, Aged About 26 Years, R/o Semli Deewan, Police Station Garoth, District Mandsaur (M.p.) (Presently Confined In Sub Jail At Bhawani Mandi). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Nirmal Kumar Sharma Mr. Rajveer Singh Jhala Mr. Rohit Khandelwal For Respondent(s) : Mr. N.S. Dhakar, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 05/08/2025 1. These instant bail applications have been filed under Section 483 of BNSS, on behalf of the petitioners, who have been arrested in connection with FIR No.187/2024 registered at Police Station Bhawanimandi, District Jhalawar (Raj.) for the offence punishable [2025:RJ-JP:29899] (2 of 3) [CRLMB-1571/2025] under Section 8/22 of NDPS Act. After completion of investigation, police filed charge-sheet in this matter for the offences punishable under Sections 8/22 and 8/29 of NDPS Act. 2. It is contended by learned counsel for the petitioners that the accused-petitioners have falsely been implicated in this case. Learned counsel submit that according to the prosecution story, petitioner- Khusnood was found in possession of brown colour powder which was said to be Mescaline. It is submitted that other petitioners i.e., Radheyshyam and Vikram Bairagi were arrested only on the basis of interrogation of petitioner- Khusnood. Counsel submit that no recovery has been made from the possession of the petitioners. Arguing the case of petitioner- Khusnood, counsel submits that in view of FSL Report dated 30.05.2025, no offence under the NDPS Act is made out as it was opined by the FSL that sample packed in the packet marked F-1 contains Starch & Silica and presence of Mescaline could not be detected in the sample. It is contended that trial will take considerable time in its conclusion. Counsel submit that petitioners are in custody since their date of arrest and further custody of the petitioners would not serve any fruitful purpose. 3. Learned Public Prosecutor opposes the submissions made by learned counsel for the petitioners however, he failed to controvert the opinion given by the Forensic Science Laboratory. 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 petitioners, especially considering the material [2025:RJ-JP:29899] (3 of 3) [CRLMB-1571/2025] available on record in the form of charge-sheet, as also considering the fact that no narcotic substance has been recovered in this case and trial will take considerable 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 these bail applications. 6. These bail applications are accordingly allowed and it is directed that accused-petitioners – 1) Khusnood S/o Mahmood, 2) Radheyshyam S/o Gaurishankar and 3) Vikram Bairagi S/o Amritdas shall be released on bail provided each of them 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 they 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. The observations made hereinabove are only for decision of the instant bail applications and would not have any impact on the trial of the case in any manner. (ANIL KUMAR UPMAN),J GAUTAM JAIN /37-39