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[2026:RJ-JP:16972]

HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

S.B. Criminal Miscellaneous Bail Application No.

4905/2026

Virendra S/o Mohanlal, Father/o Mohanlal, Aged About 35 Years,

R/o 06 Ka, 341, Shivaji Park, Ps- Shivaji Park, Dist- Alwar

(Rajasthan). Presently In Central Jail, Alwar.

----Petitioner

Versus

State Of Rajasthan, Through P.P.

----Respondent

For Petitioner(s) : Mr. Atul Sharma

For Respondent(s) : Mr. Shree Ram Dhakar, P.P.

HON'BLE MR. JUSTICE GANESH RAM MEENA

Order

22/04/2026

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. 98/2026 registered

at Police Station Aravali Vihar, District Alwar for offence under

Sections 8, 21, 29 of the N.D.P.S. Act 1985.

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

3.43 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 17.03.2026 and no other

case of similar nature is pending against the accused-petitioner

and trial of the case is likely to take considerable time to conclude,

therefore, the accused-petitioner may be released on bail.

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3. Learned Public Prosecutor has vehemently opposed the

bail application and submits that there is a recovery of 3.43 gram

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

she 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 Sections 8, 21, 29

of the Narcotic Drugs and Psychotropic Substances Act, 1985 and

the alleged recovery from her is of 3.43 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

recovered contraband item having weight less than

the stipulated commercial quantity, the restriction

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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 or 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 transferr