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[2026:RJ-JD:5196]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

S.B. Criminal Miscellaneous Bail Application No. 15332/2025

Aman Alias Amaan S/o Kamaal Khan, Aged About 21 Years, R/o

Gowardhanpura, P.s. Hathuniya, District Prathapgarh (Lodged In

Dist. Jail, Pratapgarh)

----Petitioner

Versus

State Of Rajasthan, Through Pp

----Respondent

For Petitioner(s) : Mr. Mahipal Vishnoi

For Respondent(s) : Ms. Sonu Manawat, PP

HON'BLE MR. JUSTICE KULDEEP MATHUR

Order

29/01/2026

This 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.145/2023, registered at Police Station

Rathanjana, District Pratapgarh, for offences under Sections 8/21

of NDPS Act.

Heard learned counsel for the parties at Bar. Perused the

material available on record.

Learned counsel for the petitioner submitted that, as per the

prosecution, in the present case, 605 grams of brown sugar, which

is a psychotropic substance, was recovered from the possession of

the co-accused, namely Azahar Khan @ Sonu. It was further

submitted that, according to the prosecution, the recovered

psychotropic substance was allegedly procured by the said co-

accused from the present petitioner. Learned counsel pointed out

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that the co-accused Azahar Khan @ Sonu (S.B. Criminal Misc. II

Bail Application No. 11205/2024) has already been enlarged on

bail by a co-ordinate Bench of this Court vide order dated

02.09.2024 on the ground that, at the time of search and seizure,

the police deviated from the procedure prescribed under Section

50 of the NDPS Act. In other words, the mandatory provisions of

Section 50 of the NDPS Act were not complied with by the seizure

officer.

Learned counsel further submitted that the petitioner has

been implicated in the present case solely on the basis of the

disclosure statements of the co-accused Azahar Khan @ Sonu,

who has already been granted bail. It was also submitted that

another co-accused, namely Aalam Khan (S.B. Criminal Misc. Bail

Application No. 2275/2025), has likewise been enlarged on bail by

a co-ordinate Bench of this Court vide order dated 18.03.2025.

Lastly, learned counsel for the petitioner submitted that the

petitioner is presently in judicial custody, that the investigation

against him has already been concluded, and that the trial is likely

to take a considerable time to conclude. On these grounds, it was

prayed that the benefit of bail be granted to the petitioner.

Per contra, learned Public Prosecutor vehemently opposed

the bail application and submitted that the petitioner is a habitual

offender. Drawing the attention of the Court to various documents

annexed with the case file, learned Public Prosecutor submitted

that sufficient material is available on record to indicate that the

recovered contraband was supplied to the co-accused Azahar Khan

@ Sonu by the present petitioner. However, he was not in a

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position to refute the fact that the co-accused Azahar Khan @

Sonu, from whose conscious possession the narcotic substance

was allegedly recovered, has already been enlarged on bail.

Having considered the rival submissions, facts and

circumstances of the case, without expressing any opinion on

merits/demerits of the case, this Court is inclined to enlarge the

petitioner on bail.

Consequently, this bail application under Section 483 BNSS

(439 Cr.P.C.) is allowed. It is ordered that the accused-petitioner-

Aman Alias Amaan S/o Kamaal Khan, arrested in connection

with F.I.R. No.145/2023, registered at Police Station Rathanjana,

District Pratapgarh, 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