[2026:RJ-JD:2583]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous II Bail Application No. 10094/2025 Rasul Khan S/o Nisar Khan, Aged About 24 Years, Resident Of Nosar, Police Station Baytu, District Balotra. (Presently Lodged In District Jail Jaisalmer.)

----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Dev Krishna Gaur For Respondent(s) : Mr. Lalit Kishore, PP HON'BLE MR. JUSTICE KULDEEP MATHUR

Order

15/01/2026 This second application for bail under Section 483 BNSS (439 Cr.P.C.) has been filed by the petitioner who has been arrested in connection with F.I.R. No.4/2025, registered at Police Station Sangad, District Jaisalmer, for the offences under Sections 8/22 of the NDPS Act.

Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.

Learned counsel for the petitioner submitted that in the present case, the psychotropic substance, namely Tramadol Hydrochloride Tablets 100 mg SR (Repol-100), totaling 1200 tablets was recovered from the conscious possession of the petitioner, Rasul Khan, who was arrested at the spot. It was further submitted that in the information furnished by the petitioner under Section 27 of the Indian Evidence Act, he disclosed that the recovered psychotropic substance was procured from the co-accused Dola Ram @ Dalu Ram. Learned counsel contended that the petitioner is a young boy aged about 24 years and that the quantity of the psychotropic substance recovered from him is marginally above the commercial quantity.

Learned counsel further submitted that the petitioner has no criminal antecedents and was merely acting as a carrier for supplying the psychotropic substance at the instance of the co- accused. It was also argued that the petitioner has been in judicial custody since 29.01.2025, the investigation against him has already been concluded, and the trial is likely to take a considerable time. On these grounds, learned counsel prayed that the petitioner be enlarged on bail.

Per contra, learned Public Prosecutor vehemently opposed the bail application and submitted that in the present case, the recovery of Tramadol Hydrochloride Tablets 100 mg SR (Repol- 100), amounting to 1200 tablets, which is more than the commercial quantity, has been effected from the conscious possession of the petitioner. Therefore, considering the seriousness of the allegations, the petitioner does not deserve the indulgence of bail.

Having considered the rival submissions and the facts and circumstances of the case, this Court prima facie finds that the petitioner is a young person aged about 24 years, has no criminal antecedents, and has been in judicial custody since 29.01.2025. This Court further finds, at this stage, that the contention raised by learned counsel for the petitioner that he was acting merely as a carrier at the instance of the co-accused Dola Ram @ Dalu Ram cannot be brushed aside outright. There is nothing on record to indicate that the delay is attributable to the present petitioner or he is likely to involved himself in a case of similar nature or fleeing away from justice, in case, he is enlarged on bail. The twin conditions enumerated under Section 37 of the NDPS Act are duly satisfied in the present case. Thus, without expressing any opinion on merits/demerits of the case, this Court is inclined to enlarge the petitioner on bail.

Consequently, the second bail application under Section 483 BNSS (439 Cr.P.C.) is allowed. It is ordered that the accused- petitioner Rasul Khan S/o Nisar Khan, arrested in connection with F.I.R. No.4/2025, registered at Police Station Sangad, District Jaisalmer, 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 s