ASHOK Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The applicant has filed the present bail application under Sec. 483 of BNSS being aggrieved against the order dtd. 21/7/2025 passed by the learned Special Judge, NDPS Act Cases, Pali, and (Additional Sessions Judge) Pali Rajasthan, in Criminal Misc. Case No.665/2025, whereby the bail application filed by the accused-applicant under Sec. 483 B.N.S.S. was rejected. The accused-applicant is behind the bars, pursuant to the F.I.R. No.82/2024 registered at Police Station Sadar Pali, District Pali against the accused-applicant for the offence punishable under Ss. 8/21 of NDPS Act 1985.

(2.) The brief facts of the case are that, on 19/3/2024, on the basis of a secret information, the police officials, after complying with the provisions of Sec. 42 of the Act of 1985, arranged a blockade. At around 06:53 PM, the information specifically pertaining to the present applicant was received, who was allegedly seen walking on the highway carrying a bag. Upon search, 1.432 kg of MDMA was recovered from the possession of the applicant. Prior to conducting the search, the applicant was apprised of his rights under Sec. 50 of the Act of 1985, and the requisite compliance was made. On the basis of the said recovery, the FIR in question came to be lodged. After completion of investigation, the charge-sheet has been filed and, as submitted by learned counsel for the applicant, the matter is presently pending consideration at the stage of framing of charges.

(3.) Learned counsel for the applicant primarily raises three grounds. Firstly, he submits that similarly situated co-accused Ashok, Adil Khan, Yuvraj Singh Sisodia, Shailendra @ Digvijay Singh @ Digu, Yuvraj Singh, Dinesh and Bhagat Singh @ Pintu and Shoib Mansuri have already been enlarged on bail by the Coordinate Benches of this Court vide orders dtd. 9/5/2024, 21/10/2024, 3/12/2024, 27/1/2025, 4/3/2025, 20/6/2025 and 9/7/2025 passed in S.B. Criminal Misc. Bail Application Nos. 5090/2024 (Ashok v. State of Rajasthan), 9287/2024 (Adil Khan v. State of Rajasthan), 7622/2024 (Yuvraj Singh Sisodia v. State of Rajasthan), 15972/2024 (Shailendra @ Digvijay Singh @ Digu v. State of Rajasthan), 2480/2025 (Yuvraj Singh v. State of Rajasthan), 7298/2025 (Dinesh & Anr. v. State of Rajasthan) and 7933/2025 (Shoib Mansuri v. State of Rajasthan). He, therefore, submits that on the ground of parity, the applicant also deserves to be enlarged on bail.