State Of Rajasthan, Through Pp v. Connected

: Mr. Rajveer Singh Jhala Mr. Rohit Khandelwal For Respondent(s) : Mr. Vijay Singh Yadav, PP HON'BLE MR. JUSTICE ASHOK KUMAR JAIN 20/08/2025 Order

1. These applications for bail are filed under Section 483 of BNSS by the applicant-accused Yadav Singh S/o Prabhulal, Darbar Singh S/o Arjun Singh, Anar Singh S/o Shivlal and Sarfaraz S/o Sharif Mohammed, in FIR No. 166/2025 dated 29.07.2025 registered at P.S. Pirawa District -Jhalawar, whereby the applicants-accused were charged under Sections 8, 15, 25, 29 and 30 of NDPS Act.

2. The applicants were arrested and are in judicial custody since their arrest. The Court below has dismissed the bail application.

3. Learned counsel for the applicants relying upon grounds raised in bail application submits that the applicants are innocent and falsely implicated in the present case. Further, he submits that the investigation relating to present applicant-accused is complete and are no more required by the Investigating Agency for investigation. He further assures that in case, the applicant-accused are required for further investigation, the applicant-accused will be available for such investigation. He also submits that the investigation/trial will take its own time and no purpose will be served by keeping the applicants-accused in custody. [2025:RJ-JP:32908] (3 of 6) [CRLMB-10409/2025]

4. Learned counsel for petitioners submitted that petitioners Anar, Yadav and Sarfaraj were travelling in Alto Car No.RJ40CA5549, when they were intercepted by police on ground of suspicion and on search they allegedly recovered 2Kg 61gm of poppy straw (crushed capsule of opium) along with cash and framed these petitioners and registered a case on allegation that these petitioners were going to meet Darbar Singh to purchase commercial quantity of poppy straw. He further submitted that there is no evidence on record to show commission of offence under Section 30 of NDPS Act. He also submitted that the vehicle was driven by Anar Singh, whereas Yadav and Sarfaraj were sitting as passengers and they were having no possession of contraband allegedly recovered from this Car. He further submitted that recovered quantity is little more than small quantity. He also submitted that there is no evidence to connect Darbar Singh for alleged offence as he has been arrayed as an accused only on basis of statement of co- accused. He further submitted that there is no criminal antecedents against the petitioners for involvement in NDPS case. He further submitted that disposal of case will take time.

5. Aforesaid contentions were opposed by learned Public Prosecutor. He submitted report received from concerned police station and same is taken on record.

6. Heard learned counsel for the applicant-accused and learned Public Prosecutor. Perused the material placed on record. [2025:RJ-JP:32908] (4 of 6) [CRLMB-10409/2025]

7. On the basis of sudden interception of Car on 29.07.2025, 2Kg 61gm poppy straw is recovered from vehicle driven by Anar Singh along with cash of ₹5 lacs. Two more persons Yadav and Sarfaraj were travelling in Car at the time of recovery of poppy straw and cash. As per police, cash of ₹5 lacs were transported to purchase 2 quintals of poppy straw from Darbar Singh. On the basis of statement of accused, Darbar Singh is arrested by police.

8. The report indicated that one more criminal case is registered against Anar Singh and same is also under Section 8/15 of NDPS Act. 8 criminal cases were registered against Yadav Singh from year 2005 till date but except present case, there is no other case relating to NDPS Act. 6 other cases were registered against Sarfaraj and out of which 5 cases were under the NDPS Act. Two more cases were registered against Darbar Singh but one under the MP Excise Act.

9. We have considered judgment of Hon’ble Supreme Court in case of State of Karnataka Vs. Sh. Darshan 2025 INSC 979 wherein several judgments have been referred on different points while considering cancellation of bail and grant of bail.

10. Having considered the totality of facts and circumstances of the case, I am of considered view that Sarfaraj is continuously indulged in offence relating to NDPS Act and since 2022, and 6 cases including current case were registered against this petitioner, therefore he is not entitled to be released on bail. There is one case against Anar Singh [2025:RJ-JP:32908] (5 of 6) [CRLMB-10409/2025] prior to this case whereas 2 cases were registered against Darbar Singh, therefore both the petitioners are entitled to be released on bail.

11. As regard to Yadav Singh is concerned, cases were registered since 2005 to 2024 and all are under offence of IPC, mostly under Section 379 IPC, thus looking to the nature of cases registered against the petitioner, he is entitled to be released on bail.

12. Upon hearing the arguments and perusing the record, we have found that the applicants-accused are no more required in the investigation and they are in custody for quite some time. The further proceedings will take its own time, therefore, looking to entirety of facts and circumstances of the case and without expressing any opinion on merits of the case, the Court deems it appropriate to grant bail to the applicants-accused Yadav Singh S/o Prabhulal, Darbar Singh S/o Arjun Singh and Anar Singh S/o Shivlal.

13. Thus, the bail applications filed on behalf of applicants- accused Yadav Singh S/o Prabhulal, Darbar Singh S/o Arjun Singh and Anar Singh S/o Shivlal are hereby allowed and the applicants-accused are ordered to be released on bail with condition that each of them would furnish a personal bond of ₹50,000/- with two sureties of like amount to the satisfaction of the Trial Court with the following conditions:- (i) The applicants-accused shall not tamper with evidence or influence the witness in any manner. [2025:RJ-JP:32908] (6 of 6) [CRLMB-10409/2025] (ii) The applicants-accused shall not indulge in any criminal activity and shall not repeat any criminal offence punishable under the Law. (iii) The applicants-accused shall attend the hearing of the Trial Court on the date fixed by the Trial court or as and when asked to appear before the Trial Court. (iv) In case of any violation of above conditions, the bail granted to the applicants-accused shall be liable to be canceled.

14. The bail application preferred by petitioner Sarfaraz S/o Sharif Mohammed is hereby dismissed.

15. The Registry is directed to send a copy of this order to the Trial Court through E-mail. PREETI VALECHA /265-268 (ASHOK KUMAR JAIN),J