[2026:RJ-JD:2864]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 657/2026 Chota Ram S/o Birbal Ram, Aged About 31 Years, R/o Kerlanada, police Station Matoda, district Phalodi Rajasthan (Lodged In District Jail, Phalodi)

----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. B.Ray Bishnoi.

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

HON'BLE MR. JUSTICE MUKESH RAJPUROHIT

Order

16/01/2026 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:

S. No.	Particulars of the case
1.	FIR Number	069/2025
2.	Police Station	Matora
3.	District	Phalodi
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 petitioner submits 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 narcotic contraband viz. Poppy Husk is 50 kg, however, allegedly recovered narcotic contraband Poppy Husk is below commercial quantity i.e. 3.920 kg.

Learned counsel for the petitioner further submits that the petitioner has been implicated in the present case on the basis of disclosure statements of co-accused Suresh and Mahipal, from whom the contraband was allegedly recovered and they have already been enlarged on bail by the learned trial Court on the basis of the fact that the recovered contraband is below commercial quantity. He further submits that petitioner's bail was rejected by the learned trial Court on the basis of having two previous antecedents.

It is also submitted that the petitioner is in custody since since his arrest and the trial/investigation of the case will take significant time, therefore, the benefit of bail may be granted to the accused-petitioner.

Per contra, learned Public Prosecutor has opposed the bail application. However, he is not in a position to dispute the fact that the recovered contraband is below in commercial quantity and the co-accused from whom the narcotic contraband was recovered, have already been enlarged on bail by the learned trial Court. 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 co-accused have already been enlarged on bail by the learned trial Court; petitioner is in custody since his arrest and the trial/investigation will take sufficiently long time to conclude, without expressing any opinion on merits/demerits of the case, this Court is inclined to enlarge the petitioner on bail.

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

52-/Jitender//-

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