[2026:RJ-JP:3337] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 14901/2025 Surendra S/o Shri Lalaram, Resident Of Village Thikariya Kalan Post Govindi, Tehsil Nawa, District Didwana Kuchaman, Rajasthan. (Presently Confined In Sambhar Sub Jail, District Jaipur). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Santosh Singh Shekhawat with Mr. Yash Vardhan Singh Bhat & Mr. Kirtivardhan Singh Rathore For Respondent(s) : Mr. Vivek Choudhary, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 23/01/2026 1. This bail application has been filed under Section 483 of BNSS, on behalf of the petitioner, who has been arrested in connection with FIR No.136/2025 registered at Police Station Mokhampura, District Jaipur Rural for offence punishable under Section 8/20 of NDPS Act. 2. It is contended by learned counsel for the petitioner that the petitioner has falsely been implicated in this case. Learned counsel contends that admittedly, no contraband has been recovered from the possession of the petitioner and he has been made accused solely on the basis of police interrogation of co-accused persons. It is contended that co-accused Ram Narayan is the real brother of petitioner, therefore, calls made by the petitioner to co-accused [2026:RJ-JP:3337] (2 of 3) [CRLMB-14901/2025] Ram Narayan has no significance. Learned counsel places reliance upon the judgment of Hon’ble Supreme Court in the case of Tofan Singh Vs. State of Tamil Nadu reported in AIR 2020 SC 5592. Learned counsel argues that the petitioner has no criminal antecedents and he is in custody since 29.07.2025. It is argued that further custody of the petitioner would not serve any fruitful purpose. 3. Per contra, learned Public Prosecutor opposes the submissions advanced on behalf of the petitioner. He submits that matter pertains to commercial quantity, thus, considering the rigour of Section 37 of the NDPS Act, bail should not be granted to the petitioner. 4. Heard. Perused the material available on record. 5. Having regard to the totality of the facts and circumstances; considering the arguments advanced by learned counsel for the parties, especially considering the fact that no contraband has been recovered from the possession of the petitioner; trial will take considerable time in its conclusion as well as looking to the custody period, but without expressing any opinion on merits/demerits of this case, I deem it proper to allow the bail application. 6. This bail application is accordingly allowed and it is directed that accused-petitioner - Surendra S/o Shri Lalaram, shall be released on bail provided he furnishes a personal bond in the sum of Rs.5,00,000/- (Rupees Five Lakh Only) together with two sureties in the sum of Rs.2,50,000/- (Rupees Two Lakh Fifty Thousand Only) each to the satisfaction of the learned trial Court [2026:RJ-JP:3337] (3 of 3) [CRLMB-14901/2025] 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 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 shall enter attendance of the petitioner in the Roznamcha. In case the petitioner fails to mark his presence in the concerned police station, 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. Office is directed to send a copy of this order to the concerned SHO for necessary compliance. 11. The observations made hereinabove are only for decision of the bail application and would not have any impact on the trial of the case in any manner. (ANIL KUMAR UPMAN),J CHARU SONI /43