[2026:RJ-JD:10460]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 2401/2026 Praveen Kumar S/o Shri Rughnath Ram, Aged About 23 Years, R/o Godara Ki Dhani, Padarli, Police Station Chiltalwana, District Jalore, Rajasthan (Lodged In Dist. Jail, Pratapgarh)

----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Ashok Khilery For Respondent(s) : Mr. Sameer Pareek, PP Mr. Rohit Kumar, CI, SHO P.S. Kotadi, District Pratapgarh.

HON'BLE MR. JUSTICE PRAMIL KUMAR MATHUR

Order

26/02/2026

1. The petitioner has filed this bail application under Section 483 of BNSS in FIR No.17/2026 registered at Police Station Arnod, District Pratapgarh for offence under Section 8/15 of NDPS Act.

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

3. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case. He has further submitted that although there is an allegation of possession of contraband poppy straw weighing 50.960 Kilograms, but it is an admitted fact that, the weight of the recovered contraband poppy straw was recorded as 50.960 Kilograms including the plastic sacks, therefore, it is contended that the case may fall in the category of below commercial quantity if weight of plastic sacks are deducted from gross weight of 50.960 Kilograms, otherwise also, pertains to a quantity marginally above the commercial quantity.

4. The Investigating Officer, Mr. Rohit Kumar, C.I., SHO, Police Station Kotadi, District Pratapgarh, is present in person and has submitted that the contraband was found to be 50.960 Kilograms including the weight of plastic sacks, and that the weight of the plastic sacks were not measured separately.

Learned counsel for the petitioner has submitted that petitioner is behind the bars since 13.01.2026 without having any criminal past. The trial of the case may take considerable time and no further custodial interrogation is required. Hence, the bail application of the petitioner may be allowed.

5. Learned Public Prosecutor has vehemently opposed the bail application.

6. On consideration of the rival submissions and material available on record and in the light of submission made by learned counsel for the petitioner, considering the fact that the alleged contraband is only marginally above the commercial quantity, and that such weight includes the weight of the plastic sacks, but without expressing any opinion on merits/demerits of the case, I am inclined to grant benefit of bail to the petitioner.

7. Consequently, the bail application under Section 483 B.N.S.S. is allowed and it is directed that the petitioner Praveen Kumar S/o Shri Rughnath Ram, be released on bail provided he 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 he shall appear before that Court on all subsequent dates of hearing till conclusion of the trial.

(PRAMIL KUMAR MATHUR),J

217-Ishan/-