[2026:RJ-JP:73] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous 4th Bail Application No.16779/2025 Pritam Kumar S/o Shri Mohan Lal, Aged About 40 Years, R/o Opposite Sabji Mandi, Jeep Stand, Balaji Road, P.S. Todabhim, District Karauli, Rajasthan. (Presently Accused Petitioner Is Confined At Sub Jail, Hindaun City, District Karauli, Rajasthan). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Swapnil Singh Patel, Adv. For Respondent(s) : Mr. Manvendra Singh, PP HON'BLE MR. JUSTICE PRAVEER BHATNAGAR Order 06/01/2026 1. The instant fourth bail application has been filed under Section 483 of B.N.S.S. on behalf of accused-petitioner. The accused-petitioner has been arrested in connection with FIR No.0077/2024, registered at Police Station Todabhim, District Gangapur City for the offence(s) under Sections 8, 21 and 22 of Narcotic Drugs and Psychotropic Substances Act. 2. The petitioner has moved the fourth bail application with the contention that the trial has not proceeded and the petitioner is in custody since more than 22 months. It is further contended that the co-accused, namely Monu, has already been enlarged on bail. Therefore, on the grounds of parity and prolonged incarceration, the fourth bail application of the accused-petitioner may be allowed. [2026:RJ-JP:73] (2 of 2) [CRLMB-16779/2025] 3. Learned Public Prosecutor has vehemently opposed the grant of bail and contended that this Court, vide order dated 12.03.2025, after considering the merits of the case, dismissed the second bail application of the petitioner, observing that the commercial quantity of prohibited drugs were recovered from the petitioner’s possession. It is further contended that in Narcotics Control Bureau v. Mohit Agarwal, 2022 SCC OnLine SC 891, the Hon’ble Supreme Court has categorically held that the rider contained under Section 37 of the NDPS Act cannot be diluted solely on the ground that the trial has not proceeded or that the statements of witnesses have not been recorded. Therefore, considering the allegations levelled against the petitioner, the fourth bail application of the accused-petitioner deserves to be dismissed. 4. Heard and perused the material available on record. 5. It is alleged against the petitioner that prohibited drugs containing commercial quantity of 'Tramadol' were recovered from the petitioner’s possession. Considering the rider contained under Section 37 of the NDPS Act, this Court is not inclined to enlarge the accused-petitioner on bail. 6. Accordingly, the fourth bail application of the accused- petitioner is hereby dismissed. (PRAVEER BHATNAGAR),J Ashwani Kr Srivastava /-13