HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR (1)S.B. Criminal Miscellaneous Bail Application v. Connected

: Mr. Ali Mohammed Khan, Adv. Mr. Amit Dadhich, Adv. Mr. Mukesh Sharma, Adv. For Respondent : Ms. Arti Sharma, Dy.G.A. HON'BLE MR. JUSTICE ASHUTOSH KUMAR Order 08/05/2025

1. As these bail applications have been filed pertaining to the same FIR, they are being heard and decided by the instant common order.

2. These bail applications have been filed by the accused- applicants under Section 483 of the B.N.S.S, 2023 in the matter arising out of FIR No.242/2023, registered at Police Station Sangod, District Kota (Rural) for the offence punishable under Section 8/15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the 'Act of 1985') [later on for the offences punishable under Sections 8/25 and 8/29 of the Act of 1985].

3. Learned counsel for the accused-applicant-Bajarang Lal argues that in this matter, 202 kilograms and 815 grams of 'poppy husk' has been recovered in the intervening night of 18.09.2023 and 19.09.2023 from an 'Innova Crysta 2.4G', without number plate. Learned counsel also argues that no one was found with the recovered contraband, however, subsequently on the basis of registration number of the vehicle, the owner of the vehicle- Pradeep Singh was interrogated wherein, he has stated that he provided his car on rent to Matvinder Singh and Karan Singh, a [2025:RJ-JP:19384] (3 of 6) [CRLMB-12403/2024] case for the offences punishable under Sections 8/15, 8/25 and 8/29 of the Act of 1985 has been registered against the accused- applicants Bajarang and Karan Singh; under Sections 8/15 and 8/25 of the Act of 1985 against the accused-applicants-Arjun and Pradeep Singh.

4. Learned counsel for the accused-applicants argues that the accused-applicants namely Arjun, Bajaranglal, Pradeep Singh and Karan Singh were arrested on 08.09.2024, 19.09.2024,

18.07.2024 and 12.11.2024 respectively and since then, all these accused-applicants are behind the bars. Learned counsel also argues that in these cases, charges-sheet has been filed and trial will take long time to conclude, therefore, the accused-applicants may be granted benefit of bail.

5. Learned Deputy Government Advocate vehemently opposes these bail applications and submits that as per the call details of the accused-applicant-Pradeep Singh, who is owner of the vehicle, it is clear that on the date and time of recovery of contraband and also prior to that, the accused-applicants Arjun and Karan Singh were in continuous contact with him and it has also been found that the accused-applicants Arjun and Karan Singh were escorting on motorcycle, the alleged vehicle 'Innova Crysta 2.4G' from which the contraband has been recovered. Learned Deputy Government Advocate also submits that in this case, the contraband recovered is more than 200 kilograms of 'poppy husk', which is much higher than the commercial quantity, therefore, looking to the seriousness of the offences committed by the accused-applicants and considering the fact that another case has [2025:RJ-JP:19384] (4 of 6) [CRLMB-12403/2024] also been registered against the accused-applicant-Bajarang Lal under the Act of 1985, the accused-applicants should not be enlarged on bail.

6. Heard learned counsel for the parties and also perused the material available on record.

7. Admittedly, the co-accused namely Matvinder Singh and Karan Singh have stated in the interrogation that the contraband 'poppy husk' was procured from the accused-applicant-Bajarang Lal. Therefore, a case for the offence punishable under Section 8/29 of the Act of 1985 has been registered against the accused- applicant-Bajarang Lal and except the statements of the co- accused, there is no other evidence against the accused-applicant- Bajarang Lal. Though, one more case has been registered against the accused-applicant-Bajarang Lal under the provisions of the Act of 1985 in the FIR No.550/2021, Police Station Chabra, District Baran, in which 7.5 grams of 'smack' was recovered from him, however, in that case the recovered contraband was less than the commercial quantity and just above the small quantity.

8. Having regard to the facts and circumstances of the case; considering the period of custody of the accused-applicant- Bajarang Lal and also considering the fact that trial will take long time to conclude, but without expressing any opinion on the merits/demerits of the case, this Court deems it proper to allow the bail application (S.B. Criminal Miscellaneous Bail Application No.1872/2025) filed on behalf of the applicant- Bajrang Lal. [2025:RJ-JP:19384] (5 of 6) [CRLMB-12403/2024]

9. Consequently, the bail application filed under Section 483 of the B.N.S.S., 2023 is allowed. It is ordered that accused-applicant Bajarang Lal S/o Chaturbhuj, arrested in connection with FIR No.242/2023, registered at Police Station Sangod, District Kota (Rural) will be released on bail; provided he furnishes personal bond in the sum of Rs.1,00,000/- and two solvent attested sureties of Rs.50,000/- each to the satisfaction of the trial Court. Applicant shall be required to appear before that Court on all dates of hearing and as and when called upon to do so.

10. So far as the bail applications filed on behalf of the accused- applicants namely Arjun, Pradeep Singh and Karan Singh are concerned, the accused-applicants Arjun and Karan Singh have been found escorting the vehicle from which the contraband has been recovered on the date of incident and also, connectivity on mobile phones has been found between owner of the vehicle- Pradeep Singh and the other co-accused Arjun and Karan Singh, therefore, it cannot be said that these accused-applicants have falsely been implicated in this case.

11. Considering the overall facts and circumstances of the case and also considering the huge quantity of contraband recovered from the accused-applicants, this Court is not inclined to allow the bail applications filed on behalf of the accused-applicants namely Arjun, Pradeep Singh and Karan Singh.

12. Accordingly, the bail applications filed on behalf of the accused-applicants Arjun, Pradeep Singh and Karan Singh (S.B. Criminal Miscellaneous Bail Application Nos.12403/2024, [2025:RJ-JP:19384] (6 of 6) [CRLMB-12403/2024] 4325/2025 and 4426/2025) are dismissed. Any other pending applications also stand disposed of. AARZOO ARORA /7-10 (ASHUTOSH KUMAR),J