[2026:RJ-JD:4544]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous II Bail Application No. 1107/2026 Vikram S/o Nathulal Bhil, Aged About 30 Years, Resident Ofgudbheli, Ps Yd Nagar, Mandsaur, District Mandsaur Madhyapradesh (Presently Lodged In District Jail Chittorgarh)

----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Bharat Gurjar For Respondent(s) : Mr. Pawan Bhati, PP HON'BLE MR. JUSTICE MUKESH RAJPUROHIT

Order

23/01/2026 This second application for bail under Section 483 of BNSS (439 Cr.P.C.) has been filed by 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	444/2024
2.	Police Station	Sadar Nimbahera
3.	District	Chittorgarh
4.	Offences alleged in the FIR Section 8/15 of NDPS Act
5.	Offences added, if any	Sections 29 and 25 of NDPS Act

The first bail application has been dismissed as not press vide order dated 30.10.2025 passed in S.B. Criminal Misc. Bail Application No.12351/2025 by this Court with liberty to file afresh after filing of challan. Now, the challan has been filed. Hence, this bail application.

Learned counsel for the petitioner submits that petitioner has been falsely implicated in the present case. It is further submitted that as per NDPS Act, commercial quantity of narcotic contraband viz. Poppy husk is 50 Kgs, however, allegedly recovered narcotic contraband in this case viz. Poppy husk is marginally above commercial quantity i.e. 58.800 Kgs. It is further submitted that the petitioner was implicated in this case only on the basis of the statement of co-accused Jitendra from whom the contraband was recovered and he has already been enlarged on bail by this Court vide order dated 16.10.2025 passed in S.B. Criminal Misc. II Bail Application No.11085/2025. Additionally, petitioner has no previous criminal antecedents; the challan has already been filed and petitioner has been in custody since 16.07.2025 and trial of case will take sufficiently long time, therefore, benefit of bail may be granted to accused-petitioner.

Per contra, learned Public Prosecutor opposed present bail application, contending that quantity of contraband recovered is above commercial quantity, however, he does not dispute the fact that there are no previous criminal antecedents of the petitioner.

Having heard and considered the rival submissions, facts and circumstances of the case as well as perused material available on record; considering the fact that narcotic contraband recovered in this case is marginally above the commercial quantity; co-accused has already been enlarged on bail by this Court; petitioner has no previous criminal antecedents; Challan has already been filed and the petitioner has been in custody since 16.07.2025 and trial of the case will take sufficiently long time; without expressing any opinion on merits/demerits of the case, this Court is inclined to enlarge petitioner on bail.

Consequently, the second bail application under Section 483 of BNSS (439 Cr.P.C.) is allowed. It is ordered that accused- petitioner as named in the cause title, arrested in connection with above mentioned FIR, shall be released on bail, if not wanted in any other case, provided he/she/they 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/her/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

63-AnilKC/-

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