[2025:RJ-JD:53515]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

S.B. Criminal Miscellaneous Bail Application No. 14312/2025

Dinesh Kumar S/o Shri Lalchand, Aged About 30 Years, R/o Ward No 17, Raisinghnagar, Police Station Raisinghnagar, District

Sringanga Nagar, Rajasthan.

(Presently Lodged In Sub-Jail, Raisinghnagar, District Sri

Ganganagar) ----Petitioner

Versus

State Of Rajasthan, Through PP

----Respondent Connected With

S.B. Criminal Miscellaneous Bail Application No. 13429/2025

Vinod Kumar @ Kembi S/o Dungarmal, Aged About 22 Years, R/o

11 T.K. Police Raisinghnagar District Sriganganagar Rajasthan.

(At Present Lodged In Central Jail Sri Ganganagar)

----Petitioner

Versus

State Of Rajasthan, Through PP

----Respondent

For Petitioner(s) : Mr. Awar Dan Ujjwal

Mr. Kaushal Gautam

For Respondent(s) : Ms. Sonu Manawat, PP

HON'BLE MR. JUSTICE MUKESH RAJPUROHIT

Order

10/12/2025

These applications for bail under Section 483 of BNSS (439

Cr.P.C.) has been filed by the petitioners who have 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 357/2025

2. Police Station Raisingh Nagar

3. District Ganga Nagar

4. Offences alleged in the FIR Under Sections 8/15 of NDPS Act

5. Offences added, if any Under Section 29 of NDPS Act Learned counsel for the petitioners submits that the petitioners have been falsely implicated in the present case. It is further submitted that as per the NDPS Act, the commercial quantity of narcotic contraband viz. Poppy Husk is 50 kg, however, the allegedly recovered narcotic contraband from the petitioner Vinod Kumar @ Kembi viz. Poppy Husk is below commercial quantity i.e. 1.473 kg gm which is marginally above the small quantity (1 kg). It is also submitted that the petitioners Vinod Kumar @ Kembi and Dinesh Kumar are in judicial custody since 25.10.2025 and 26.10.2025 respectively and the investigation/ trial of the case will take significant time to conclude, therefore, the benefit of bail may be granted to the accused-petitioners. Per contra, learned Public Prosecutor has vehemently opposed the bail application and submitted that although, the recovered contraband is below commercial quantity, the petitioners are having one previous criminal antecedent under the NDPS Act each.

In rejoinder, it is submitted by learned counsel for the petitioners that in the above criminal antecedent under the NDPS Act, the recovered quantity is below the commercial quantity and the petitioners have already been enlarged on bail in the said case.

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 Vinod Kumar @ Kembi and Dinesh Kumar are in judicial custody since 25.10.2025 and 26.10.2025 respectively and the investigation/trial of the case will take significant time to conclude, without expressing any opinion on merits/demerits of the case, this Court is inclined to enlarge the petitioners on bail.

Consequently, the bail applications under Section 483 of BNSS (439 Cr.P.C.) are allowed. It is ordered that the accused- petitioners 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 each of them 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 their appearance before that Court on each & every date of hearing and whenever called upon to do so till completion of the trial.

(MUKESH RAJPUROHIT),J

111-112-/Ramesh/-