[2026:RJ-JP:4289] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Third Bail Application No. 17083/2025 Gurjeet Singh S/o Joginder Singh, Aged About 40 Years, R/o Ward No. 23, Near Khalsa School, Nisingh P.S. Nisingh, District Karnal, Haryana. (At Present Confined In Central Jail, Kurukshetra (Har) ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Abhishek B.Sharma with Mr. Akshit Raj Saini For Respondent(s) : Mr. Rishiraj Singh Rathore, PP HON'BLE MR. JUSTICE MANEESH SHARMA Order 30/01/2026 1. The present bail application has been filed under Section 483 read with Section 187(2) of the B.N.S.S. on behalf of the accused- petitioner, who has been arrested in connection with FIR No.19/2022 registered at Police Station Baran Sadar, District Baran on 11.01.2022 for the offences punishable under Sections 8 and 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in this case; the petitioner is in judicial custody since 05.07.2024. He further submits that both the witnesses, namely, Smt. Lalita Bai W/o Om Prakash and Ashok Prajapat S/o Premchand Prajapat, on whose testimony the [2026:RJ-JP:4289] (2 of 4) [CRLMB-17083/2025] petitioner was arrayed as an accused in the present case, have turned hostile vide their statements dated 25.11.2025. He also submits that the trial of the case will take considerable time, therefore, further custody of the petitioner would not serve any fruitful purpose, so the petitioner may be released on bail. 3. Per contra, learned Public Prosecutor has opposed the submissions made by the learned counsel for the petitioner and submits that looking to the huge quantity of contraband and antecedents of the petitioner, he may not be released on bail. 4. Heard learned counsel for both the parties and perused the material available on record. 5. Having regard to the totality of the facts and circumstances of the case, considering the arguments so advanced by the learned counsel for both the parties and the custody period undergone by the petitioner, more particularly, the prosecution witnesses, namely, Smt. Lalita Bai W/o Om Prakash and Ashok Prajapat S/o Premchand Prajapat have turned hostile vide their statements dated 25.11.2025. 6. The Hon'ble Supreme Court in the matter of Devendra Kumar Mishra @ Bade Guru vs. The State of Madhya Pradesh in Special Leave to Appeal (Crl.) No.14639/2023 has held that on the ground of period of incarceration suffered by accused, bail application under the NDPS Act can be considered for grant of bail. Similarly, in the judgment of Hon’ble Supreme Court in the case of Shambhulal Gurjar @ Rohit vs. State of Rajasthan in Special Leave to Appeal (Crl.) No.16671/2024 wherein after taking note of the fact that three other cases under [2026:RJ-JP:4289] (3 of 4) [CRLMB-17083/2025] the NDPS Act have been registered against the petitioner, facility of bail was granted to the accused considering the period of incarceration. 7. Therefore, considering the fact that petitioner is in judicial custody since 05.07.2024 and trial of the case may take considerable time, thus, without commenting any opinion on the merits/demerits of the case, this Court deem it just and proper to allow this bail application. 8. Accordingly, this bail application under Section 483 Bharatiya Nagarik Suraksha Sanhita, 2023 is allowed and it is ordered that the accused-petitioner Gurjeet Singh S/o Joginder Singh shall be enlarged on bail provided he furnishes a personal bond in the sum of Rs.1,50,000/- (Rupees One Lakh Fifty Thousand only) with two sureties in the sum of Rs.75,000/- (Rupees Seventy Five Thousand only) to the satisfaction of the learned Trial Court for his appearance before the court concerned on all the dates of hearing and as and when called upon to do so. 9. It is made clear that the petitioner shall not tamper with any evidence nor would influence the witnesses in the case. 10. It is also made clear that the petitioner shall not involve in any offence(s) of similar nature during the currency of this bail and he shall mark his presence in the first week of every two months in the concerned police station till trial is concluded. 11. 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 this bail granted to him by this Court. [2026:RJ-JP:4289] (4 of 4) [CRLMB-17083/2025] 11. Concerned SHO is directed to maintain a register recording the attendance of the petitioner. 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. (MANEESH SHARMA),J SOURAV/RAHUL /2