[2026:RJ-JD:9025]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 12260/2025 Arpit S/o Kishanlal Bhambi, Aged About 27 Years, R/o Labour Colony Bhilwara, Police Station Pratapnagar, District Bhilwara, Rajasthan (Lodged In District Jail, Chittorgarh)

----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent Connected With S.B. Criminal Miscellaneous Bail Application No. 13567/2025 Vikram Sahani S/o Shiv Pujan Sahani, Aged About 35 Years, R/o Labour Colony, Police Station Pratapnager, District Bhilwara, Rajasthan (Lodged In District Jail, Chittorgarh)

----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Bhagirath Ray Bishnoi Mr. Manohar Singh For Respondent(s) : Mr. Urja Ram Kalbi, PP Mr. Prabhu Lal, CO, Aaspur, Dungarpur, present-in-person HON'BLE MR. JUSTICE PRAMIL KUMAR MATHUR

Order

18/02/2026

1. The petitioners have filed these bail applications under Section 483 of BNSS in FIR No.183/2025 registered at Police Station Gangrar, District Chittorgarh for offence under Section 8/22 of NDPS Act (qua petitioner - Arpit) and Sections 8/22 & 29 of NDPS Act (qua petitioner - Vikram Sahani).

2. Since both the bail applications arise out of common FIR, hence, they are being decided by this common order.

3. Heard learned counsel for the petitioners as well as learned Public Prosecutor and perused the material available on record.

4. Learned counsel for the petitioners submits that the petitioners have falsely been implicated in this case. He submits that as per prosecution story, 50 grams MDMA including weight of plastic pouch which is above commercial quantity has been recovered from the conscious possession of the petitioners. He further submits that the alleged contraband was sent for FSL and according to FSL report dated 04.12.2025, the recovered contraband was found to be mephedrone and commercial quantity of the same is 50 grams, therefore, recovered contraband is below commercial quantity, hence the bar of Section 37 of NDPS Act is not attracted in this case. He further submits that the petitioners are behind the bars since 24.06.2025 without any criminal past and the bar under Section 29 of NDPS Act is not attracted in this case. The investigation and trial of the case may take considerable time and no further custodial interrogation is required. Hence the bail applications of the petitioners may be allowed.

5. Investigating Officer is present-in-person before this Court and upon interaction with him regarding recovered contraband he fairly admitted that only 50 grams of mephedrone including plastic pouch was recovered from the possession of the petitioners.

6. Learned Public Prosecutor has vehemently opposed the bail applications.

7. On consideration of the rival submissions and material available on record and in the light of submission made by learned counsel for the petitioners but without expressing any opinion on merits/demerits of the case, I am inclined to grant benefit of bail to the petitioners.

7. Consequently, the bail applications under Section 483 B.N.S.S. is allowed and it is directed that the petitioners - Arpit S/o Kishanlal Bhambi and Vikram Sahani S/o Shiv Pujan Sahani be released on bail provided each of them furnishes a personal bond in the sum of Rs.50,000/- with two sureties in the sum of Rs.25,000/- each to the satisfaction of the learned trial court with the stipulation that they shall appear before that Court on all subsequent dates of hearing till conclusion of the trial.

(PRAMIL KUMAR MATHUR),J

35-36-Rashi/-