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[2026:RJ-JP:16263]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

S.B. Criminal Miscellaneous Bail Application No. 5796/2026

Rohit Mehra S/o Brijmohanmehra, Aged About 28 Years, R/o Rawatbhata Road, Opposite Rojri Government School, Rojri, Police Station Rk Puram, District Kota City (Rajasthan) (At

Present Accused Confined In Central Jail Kota).

----Petitioner Versus

State of Rajasthan, through Public Prosecutor ----Respondent

For Petitioner(s) : Mr. Rahul Agrawal For Respondent(s) : Ms. Aarti Sharma, PP

HON'BLE MR. JUSTICE GANESH RAM MEENA

Order

17/04/2026

1. This bail application has been filed by the accused petitioner u/S 483 BNSS in connection with FIR No. 515/2025 registered at Police Station Mahaveer Nagar, District Kota City for offence u/S

8/20 of the NDPS Act.

2. Heard learned counsel for the petitioner as well as the Public

Prosecutor.

3. Learned counsel for the accused petitioner submits that during patrolling by the police, the accused petitioner was stopped and searched and a total of 4.925 Kg. of illegal drug ganja was recovered from her possession. He further submits that the recovery effected from the possession of the accused petitioner is less than the commercial quantity. He further submits that the accused petitioner is behind the bars since 16.12.2025 and the co-

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[2026:RJ-JP:16263] (2 of 3) [CRLMB-5796/2026] accused Aaditya has already been enlarged on bail by the Court below. He further submits that after conclusion of investigation the Police has submitted charge-sheet in the matter and no other criminal case of similar nature is pending against the accused

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

4. Learned Public Prosecutor vehemently opposed the bail application and submits that there is a recovery of 4.925 Kg. ganja from the possession of the petitioner, therefore, he does not

deserve indulgence of bail by this Court.

5. Considered the submissions made by learned counsel for the

petitioner as well as learned Public Prosecutor.

6. The allegation against the petitioner relates to commission of offence under the provisions of Section 8/20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 and the alleged recovery from him is of 4.925 Kg. ganja which is stipulated to be less than the 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.

7. 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

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[2026:RJ-JP:16263] (3 of 3) [CRLMB-5796/2026]

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.”

8. Having regard to the submissions and the discussion made above and considering the fact that the accused petitioner is a widow, this Court, without expressing any opinion on the merits/demerits of the case, deems just and proper to enlarge the

accused-petitioner on bail.

9. Accordingly, this bail application is allowed and it is directed that accused-petitioner shall be released on bail provided that he furnis