[2025:RJ-JD:45199]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR Surender S/o Balwant, Aged About 32 Years, R/o Dudhali Police Station Pallu District Hanumangarh Raj. At Present Resident Suratgarh District Sri Ganganagar (At Present Lodged In Central Jail Bikaner) ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. SR Godara a/w Mr. Sunil Dhaka.

For Respondent(s) : Mr. PS Panwar, PP.

HON'BLE MR. JUSTICE MUKESH RAJPUROHIT

Order

15/10/2025

1. This application for bail under Section 483 of BNSS (439 Cr.P.C.) has been filed by the petitioner who has been arrested in the present matter. The requisite details of the matter are tabulated herein below:

S. No. Particulars of the case

1. FIR Number 111/2025

2. Police Station Mahajan

3. District Bikaner

4. Offences alleged in the FIR Under Section 8, 21 and 25 of NDPS ACT.

5. Offences added, if any -

2. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case. He further submits that as per the NDPS Act, the commercial quantity of narcotic contraband viz. smack/chitta is 250 gram, however, the allegedly recovered narcotic contraband viz. smack/chitta is below commercial quantity i.e.10.21 gram.

3. Learned counsel further submits that the co-accused Akash @ Akashdeep has already been enlarged on bail by a Coordinate Bench of this Court vide order dated 28.08.2025 passed in S.B. also submits that the petitioner is in custody since 07.08.2025, and the trial of the case will take significant time, therefore, the benefit of bail may be granted to the accused-petitioner.

4. Per contra, learned Public Prosecutor has vehemently opposed the bail application.

5. Having heard and considered the rival submissions, facts and circumstances of the case as well as perused the material available on record; considering the fact that the narcotic contraband recovered in this case is below commercial quantity and the petitioner is in judicial custody since long, without expressing any opinion on merits/demerits of the case, this Court is inclined to enlarge the petitioner on bail.

6. Consequently, the bail application under Section 483 of BNSS (439 Cr.P.C.) is allowed. It is ordered that the accused-petitioner as named in the cause title, arrested in connection with the above mentioned FIR, shall be released on bail, if not wanted in any other case, provided he furnishes a personal bond of Rs.1,00,000/- and two sureties of Rs.50,000/- each, to the satisfaction of learned trial court, for his appearance before that court on each & every date of hearing and whenever called upon to do so till completion of the trial.

7. In addition to the above, the petitioner is directed to appear before the concerned Police Station in the first week of every quarter of the year.

8. It is made clear that if the petitioner indulges in any similar kind of criminal activity, the learned Public Prosecutor shall be free to file an application for cancellation of bail.

(MUKESH RAJPUROHIT),J

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