[2025:RJ-JD:53537]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

S.B. Criminal Miscellaneous Bail Application No. 15131/2025

Ashok S/o Khetaram, Aged About 25 Years, R/o Khardi, Loharwa, P.s Dhorimanna, District Barmer,rajasthan (Lodged In Dist. Jail,

Sirohi)

----Petitioner

Versus

State Of Rajasthan, Through PP

----Respondent

For Petitioner(s) : Mr. Mangilal Vishnoi.

For Respondent(s) : Mr. Surendra Bishnoi, PP.

HON'BLE MR. JUSTICE MUKESH RAJPUROHIT

Order

10/12/2025

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:

2. Learned counsel for the petitioner submitted that the

petitioner has been falsely implicated in the present case. It is further submitted that as per the NDPS Act, the commercial

quantity of the narcotic contraband viz. Poppy Husk is 50 kg; however, the quantity allegedly recovered in the present case is 50.575 kg of poppy husk, which is marginally above the commercial quantity. It is also submitted that the weight of the contraband was measured along with the plastic bags. It is argued that petitioner has no previous criminal antecedent; the petitioner is in custody since 04.09.2025; and the trial is likely to take a considerable time, therefore, the benefit of bail may be granted to the accused-petitioner.

3. Per contra, the learned Public Prosecutor has opposed the present bail application, contending that the quantity of contraband recovered is above the commercial quantity. However, he is not in a position to refute the fact that the recovered contraband is only marginally above the commercial quantity and was weighed along with the plastic bags.

4. Having heard and considered the rival submissions, facts and circumstances of the case, as well as considering the fact that the quantity of contraband allegedly recovered is marginally above the commercial quantity, the petitioner has been in custody since 04.09.2025 and the trial will take sufficiently long time to conclude, without expressing any opinion on the merits/demerits of the case, this Court is inclined to enlarge the petitioner on bail.

5. 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.

(MUKESH RAJPUROHIT),J

215-/Jitender//-