[2026:RJ-JP:578]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No.

15066/2025

1. Badan Singh S/o Raghu Singh, Aged About 39 Years, R/o Danta Police Station Pidawa District Jhalawar (Raj.) (At Present Confined In Sub District Jail Bhawani Mandi District Jhalawar (Raj.)

2. Kalu Singh S/o Karan Singh, Aged About 36 Years, R/o Danta Police Station Pidawa District Jhalawar (Raj.) (At Present Confined In Sub District Jail Bhawani Mandi District Jhalawar (Raj.)

----Petitioners Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Rohit Khandelwal For Respondent(s) : Mr. Sudesh Saini, P.P. HON'BLE MR. JUSTICE GANESH RAM MEENA

Order

08/01/2026

1. Petitioners have filed this bail application under Section 483 B.N.S.S., arising out of F.I.R. No.424/2025 registered with the Police Station Bhawani Mandi, District Jhalawar for offence under Sections 8 & 21 of N.D.P.S. Act.

2. Learned counsel for the petitioners submits that the accused-petitioners have falsely been implicated in this case. Learned counsel further submits that as per the F.I.R., the allegation levelled against the present accused-petitioners is that 7.44 grams smack has been recovered from their possession, which is less than commercial quantity. Counsel also submits that the Police after completion of investigation, has submitted charge- sheet in the matter and there is no case of similar nature pending against them. He also submits that the accused-petitioners are in custody since 26.10.2025 and trial of the case is likely to take considerable time to conclude, therefore, the accused-petitioners may be released on bail.

3. Learned Public Prosecutor has vehemently opposed the bail application and submits that there is a recovery of 7.44 grams smack from the possession of the accused-petitioners, therefore, the do 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 petitioners 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 them is of 7.44 grams 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 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 above, this Court without expressing any opinion on the merits and demerits of the case, deems just and proper to enlarge the accused-petitioners on bail.

8. Accordingly, the present bail application is allowed and it is directed that the accused-petitioners shall be released on bail provided that each of them 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 they shall appear before that Court or any Court to which the ma