[2026:RJ-JD:2190]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 15157/2025 Mohammed Asif S/o Peer Mohammed, Aged About 29 Years, R/o Near Arti Dharm Kanta, Bhawani Nagar, Police Station Bhimganj, District Bhilwara (Lodged In Dist. Jail, Bhilwara)

----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Tarun Dhaka For Respondent(s) : Mr. Narendra Gehlot, PP with Mr. O.P. Choudhary HON'BLE MR. JUSTICE SUNIL BENIWAL

Order

14/01/2026

1. This application for bail has been filed by the petitioner under Section 483 of BNSS (old Section 439 of Cr.P.C.) in connection with FIR No.309 dated 15.10.2025, Police Station Kotwali Bhilwara, District Bhilwara for the offences under Sections 8, 20 and 22 of NDPS Act.

2. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case and false allegations have been levelled against him. He further submits that the contraband was recovered from the conscious possession of Saddam Hussain. He further submits that the allegation levelled against the present petitioner is that he was the person who had supplied the contraband to Saddam Hussain from whose conscious possession the contraband was recovered. He also submits that Saddam Hussain has already been enlarged on bail by this Court on

01.12.2025. He also submits that though the present petitioner is having criminal antecedent of like nature however the said case was registered in the year 2016. The petitioner is in judicial custody since 02.12.2025 and the trial will take sufficiently long time, therefore, he deserves to be enlarged on bail.

3. Learned Public Prosecutor vehemently opposes this bail application however, is not in position to refute the fact that the contraband was not recovered from the conscious possession of the present petitioner and the contraband in question is of below commercial quantity.

4. Having considered the rival submissions, facts and circumstances of this case and after perusing the case diary so also the fact that the contraband recovered is below commercial quantity and there is one criminal antecedent against the present petitioner which was registered in the year 2016, in the considered opinion of this Court, no fruitful purpose would be served by keeping the petitioner behind the bars for an indefinite period. Thus, without expressing any opinion on merits/demerits of the case, this Court is of the opinion that the bail application filed by the applicant deserves to be accepted.

5. Accordingly, the bail application filed under Section 483 of BNSS is allowed. It is ordered that petitioner-Mohammed Asif S/o Peer Mohammed shall be released on bail in connection with the aforesaid FIR; provided he executes personal bond in the sum of Rs.1,00,000/- with two sound and solvent sureties of Rs.50,000/- each to the satisfaction of learned trial Court for his appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.

6. It is however, made clear that findings recorded/observations made above are for limited purposes of adjudication of bail application. The trial court shall not get prejudiced by the same.

(SUNIL BENIWAL),J

157-AbhishekK/-