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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR
ASHOK KUMAR JAIN
Malkhan S/o Ramkaran – Appellant
Versus
State of Rajasthan – Respondent
| Table of Content |
|---|
| 1. assessment of fir facts and recovery details (Para 1 , 6) |
| 2. contentions regarding innocence, investigation, and arguments (Para 2 , 3 , 4) |
| 3. judicial assessment justifying bail based on custody period (Para 5 , 7) |
| 4. final order granting bail with stipulated conditions (Para 8 , 9) |
ORDER :
1. The present bail application under Section 483 of BNSS is filed by the applicant-accused Malkhan S/o Ramkaran seeking bail in respect of a criminal case registered as FIR No.174/2026 dated 25.03.2026 registered at P.S. Kotwali Baran, District Baran, for the offence under Sections 8/20 and 8/29 of NDPS Act.
2. Learned counsel for the applicant submits that the applicant has been falsely implicated in the matter and the investigation against him is complete and he is no more required in investigation. He further submits that there are no chance of fleeing of applicant accused from the jurisdiction of this Hon’ble Court. He also submits that the applicant undertakes not to repeat offence and cooperate with investigation/trial, which will take time.
3. Learned counsel for the petitioner submitted that from a trolley bag, police has recovered 15.282 kilogram of ganja and named the pre
Bail may be granted in cases involving non-commercial quantities of contraband when the investigation is complete, the accused is no longer required for custodial interrogation, and the trial is expe....
In cases involving narcotics, where the investigation is complete, the recovered quantity is less than commercial, and there is no evidence of habitual involvement in illicit trade, the court may exe....
Search and seizer of ganja - Grant of Bail - Nature and gravity of offence and further considering the quantity of ganja, which is more than a small quantity but less than commercial quantity.
A defendant may be granted bail even with criminal antecedents if the ongoing detention lacks necessity and no compelling evidence is presented.
Bail may be granted when the investigation is complete, the accused has been in custody for a significant period, and the trial is likely to be delayed, provided that the court does not express a fin....
Bail may be granted when the quantity of contraband is below commercial threshold and the accused has been in custody for an extended period.
Bail granted based on lack of criminal antecedents and evidence supporting continued detention.
Regular bail may be granted under S. 483 BNSS where the investigation is at an advanced stage, recovery is completed, and the accused has no prior criminal antecedents.
A court may grant bail when detention is unwarranted, particularly if the accused has no criminal history and other accused have been granted bail.
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