[2026:RJ-JP:3552] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 690/2026 Kailash Chand S/o Bherulal Dhakad, Aged About 34 Years, R/o Dorai, Police Station Bangu, District Chittorgarh, Rajasthan. (Petitioner Is In Distt. Jail Tonk) ----Petitioner Versus State of Rajasthan, through PP ----Respondent For Petitioner(s) : Ms. Shazadi Bano For Respondent(s) : Mr. Sudesh Saini, Public Prosecutor HON'BLE MR. JUSTICE GANESH RAM MEENA Order 27/01/2026 1. The instant bail application has been filed under Section 483 of BNSS, 2023 on behalf of accused-petitioner in connection with FIR No.189/2025 registered at Police Station Mehandwas, District Tonk for the offence under Section 8/18 of NDPS Act. 2. Heard. 3. Considered the submissions made by counsel for the accused-petitioner as well as learned Public Prosecutor and perused the case diary. 4. Learned counsel for the petitioner submits that accused- petitioner has been implicated in this case merely on the basis of statement of the co-accused, namely, Sonu from whose possession the said contraband has been recovered. The only evidence against the accused-petitioner is, the statement of the [2026:RJ-JP:3552] (2 of 3) [CRLMB-690/2026] co-accused-Sonu who was said to have purchased the alleged contraband from the present accused-petitioner. 5. It is further submitted by counsel for the petitioner that there is not even a single evidence so as to connect the accused- petitioner with the alleged crime and there are bleak chances of conviction. It is further submits that the Police after completion of investigation has already submitted charge-sheet in the matter and the accused-petitioner is in custody since 23.11.2025 and the trial of the case will take considerable time. 6. Learned Public Prosecutor vehemently opposed the bail application and submits that the co-accused from whose possession the alleged contraband has been recovered during his interrogation has stated that he has purchased the said contraband from the present accused-petitioner. 7. Having regard to the submissions made by counsel for the petitioner and the fact that the accused-petitioner has been implicated in this case only on the basis of the statement of the co-accused, namely, Sonu from whose possession the alleged contraband has been recovered. 8. Learned Public Prosecutor has not been able to show any other evidence to connect the accused-petitioner with the alleged crime and thus, the Court is satisfied with the requirement under the provisions of Section 37 of the NDPS Act. 9. Taking into consideration overall facts and circumstances of the case and so also allegations against the accused-petitioner and the evidence collected during investigation, this Court without [2026:RJ-JP:3552] (3 of 3) [CRLMB-690/2026] expressing any opinion on the merits or demerits of the case deems just and proper to enlarge the accused-petitioner on bail. 10. Accordingly, the bail application under Section 483 BNSS is allowed and it is ordered that the accused-petitioner named above shall be enlarged on bail provided, he furnishes a personal bond in the sum of Rs.1,00,000/- together with two sureties of Rs.50,000/- each to the satisfaction of the learned trial Judge for his appearance before the Court concerned on all the dates of hearing and as and when called upon to do so. (GANESH RAM MEENA),J Ashish Kumar /168