##PAGE1##

[2026:RJ-JP:3765]

HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

S.B. Criminal Miscellaneous Bail Application No.

1575/2026

Mujahid @ Aashu S/o Shri Abdul Wahid, Aged About 29 Years,

R/o House No. B-124, Hajrat Ali Colony, Ramgarh Mod, Karbala,

Police Station Brahmpuri, Jaipur (Raj.) (At Present Confined In

Central Jail, Jaipur).

----Petitioner

Versus

The State Of Rajasthan, Through PP

----Respondent

For Petitioner(s) : Mr. Rajveer Singh Gurjar

For Respondent(s) : Ms. Aarti Sharma, P.P.

HON'BLE MR. JUSTICE GANESH RAM MEENA

Order

28/01/2026

1. The instant bail application has been filed under Section 483

of the Bharatiya Nagarik Suraksha Sanhita, 2023 on behalf of

accused-petitioner in connection with FIR No. 18/2026 registered

at Police Station Jaisinghpura Khor, District Jaipur City (North) for

offence under Sections 8, 21 of the N.D.P.S. Act 1985 and 111(2)

(b) of B.N.S. Act 2023.

2. Learned counsel for the petitioner submits that the accused-

petitioner has falsely been implicated in this case. Learned counsel

further submits that as per the F.I.R., the allegation levelled

against the present accused-petitioner is that 7.50 gram smack

has been recovered from his possession, which is less than

commercial quantity. He further submits that the accused-

petitioner is in custody since 12.01.2026 and trial of the case is

(Uploaded on 31/01/2026 at 04:04:32 PM)

(Downloaded on 15/02/2026 at 08:03:10 AM)

[2026:RJ-JP:3765] (2 of 3) [CRLMB-1575/2026]

likely to take considerable time to conclude, therefore, the

accused-petitioner may be released on bail.

3. Learned Public Prosecutor has vehemently opposed the bail

application and submits that there is a recovery of 7.50 gram

smack from the possession of the accused-petitioner, therefore, he

does not deserve indulgence of bail by this Court.

4. Considered the submissions made at bar and also perused

the material made available on record.

5. The allegation against the petitioner relates to commission of

offence under the provisions of Section 8 & 21 of the Narcotic

Drugs and Psychotropic Substances Act, 1985 and the alleged

recovery from him is of 7.50 gram smack, which is stipulated to

be less than commercial quantity. The restriction for grant of bail

under the provisions of Section 37 of the N.D.P.S. Act does not

apply in the present case.

6. The Hon’ble Apex Court in the case of Puranmal Jat Vs.

State of Rajasthan in Criminal Appeal No.3394/2023 arising

out of SLP (Crl.) No.10670/2023 decided on 02.11.2023 has

enlarged the accused therein on bail and observed as under:-

“The allegations against the appellant relate to

commission of offence under the provisions of

Sections 8 and 15 of the Narcotic Drugs and

Psychotropic Substances Act, 1985 (hereinafter

called “the Act”). Alleged recovery from him is about

35 kgs. and 150 grams Doda Posh (Poppy straw).

The commercial quantity for poppy straw is 50 kgs.

The appellant is in custody for over seven months.

Charge-sheet has been submitted in the case. The

(Uploaded on 31/01/2026 at 04:04:32 PM)

(Downloaded on 15/02/2026 at 08:03:10 AM)

[2026:RJ-JP:3765] (3 of 3) [CRLMB-1575/2026]

recovered contraband item having weight less than

the stipulated commercial quantity, the restriction

on grant of bail under Section 37 of the Act does not

apply in his case. We do not think his continued

detention pending trial is necessary in the given

circumstances.”

7. Having regard to the submissions made above, this Court

without expressing any opinion on the merits and demerits of the

case, deems just and proper to enlarge the accused-petitioner on

bail.

8. Accordingly, the present bail application is allowed and it is

directed that the accused-petitioner shall be released on bail

provided that he furnishes a personal bond in the sum of

Rs.1,00,000/- (Rupees One Lax Only) together with two sureties

in the sum of Rs.50,000/-(Rupees Fifty Thousand Only) each to

the satisfaction of the learned Trial Court with the stipulation that

he shall appear before that Court or any Court to which the matter

is