[2026:RJ-JP:11770] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 3861/2026 Bhayyu @ Shoaib Khan S/o Hafiz Khan, Aged About 29 Years, R/o Chachurani, Police Station Dug, District Jhalawar (Raj.) ----Accused/Petitioner Versus The State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Ali Mohd. Khan For Respondent(s) : Mr. Jai Prakash Tiwari, PP HON'BLE MR. JUSTICE SAMEER JAIN Order 19/03/2026 1. The present bail application has been filed under Section 482 BNSS in connection with FIR No. 337/2025 registered at Police Station Bhawanimandi District Jhalawar for the offence(s) under Sections 8/21, 8/29 of NDPS Act. 2. Learned counsel for the accused-applicant has undertaken that there are no criminal antecedent registered against the applicant. Subsequently, he has placed reliance upon order dated 11.03.2024 passed in S.B. Criminal Misc. Bail Application No.2799/2024 titled Sunder Singh Vs. State of Rajasthan. It is submitted that merely on the basis of statement of co-accused, applicant is falsely implicated under Section 8/29 of the NDPS Act. It is also submitted that the said disclosure is not admissible under Section 25 of Indian Evidence Act pari materia Section 23(1) of Bhartiya Sakshya Adhiniyam. [2026:RJ-JP:11770] (2 of 2) [CRLMB-3861/2026] 3. Per contra, learned Public Prosecutor has opposed the instant bail application. 4. Having heard the contentions made by the counsel representing both the parties, upon a perusal of the material available on record, and taking note of the fact that learned counsel for the applicant undertaken that there are no criminal antecedent registered against the applicant; that merely on the basis of statement of co-accused, applicant is falsely implicated, this Court is inclined to allow the anticipatory bail application. 5. Accordingly, the anticipatory bail application is allowed. The S.H.O/I.O/Arresting Officer, Police Station Bhawanimandi, District Jhalawar in F.I.R. No. 337/2025 is directed that in the event of arrest of the accused-applicant Bhayyu @ Shoaib Khan S/o Hafiz Khan, he shall be released on bail, provided he furnishes a personal bond in the sum of Rs.50,000/- with two sureties in the sum of Rs.25,000/- each to the satisfaction of the S.H.O/I.O/Arresting Officer of the concerned Police Station. Withal, following conditions are also imposed upon the applicant:- (i) that the applicant shall make himself available for interrogation by a police officer as and when required; (ii) that the applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or any police officer, and (iii) that the applicant shall not leave India without previous permission of the court. (SAMEER JAIN),J DEEPAK /35