Rajasthan High Court
CRLMB/9472/2026 of PAWAN ALIAS PREM S/O BHANWARLAL Vs STATE OF RAJASTHAN on 17 August 2026
JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 9472/2026 CNR: RJHC020565452026 | URN: CRLMB / 17513U / 2026 Pawan Alias Prem S/o Bhanwarlal, Aged About 33 Years, R/o Village Kanaura, Police Station Rathajna, District Pratapgarh (Rajasthan). (Presently
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous Bail Application No. 9472/2026
CNR: RJHC020565452026 | URN: CRLMB / 17513U / 2026
Pawan Alias Prem S/o Bhanwarlal, Aged About 33 Years, R/o Village Kanaura, Police Station Rathajna, District Pratapgarh (Rajasthan). (Presently Confined At District Jail, Beawar)
----Petitioner
Versus
State of Rajasthan, Through Public Prosecutor.
----Respondent
For Petitioner(s)
:
Mr. Vishal Gurjar, Adv.
For Respondent(s)
:
Mr. Manvendra Singh Choudhary, PP
HON'BLE MR. JUSTICE CHANDRA PRAKASH SHRIMALI
Citations and Judicial Treatment
Cited by
0
Decisions in the index citing it
Cites
0
Decisions referred to
In this index
0
Of the decisions it cites
Overruled / Questioned
0
No negative treatment found
Loading the citing and cited decisions…
This judgment in the centre: on the left the decisions it cites, on the right the decisions citing it. Colour is the treatment; choose a decision to open it.
Order
17/08/2026
1. The instant bail application has been filed under Section 483 BNSS on behalf of the accused-petitioner. The accused-petitioner has been arrested in connection with FIR No.281/2024 registered at Police Station-Masuda, District-Beawar for the offences under Sections 8/21 of Narcotic Drugs and Psychotropic Substances Act, 1985.
2. Learned counsel for the accused-petitioner submits that the accused-petitioner has falsely been implicated in this case. The allegation against the accused-petitioner is that he sold 24.87 grams of smack to co-accused Gopal Gurjar, which is below the commercial quantity. He further contended that the petitioner is behind the bars since 21.05.2026. He further submits that charge- sheet has been filed against him and there are two cases under
(2 of 3) [CRLMB-9472/2026] the NDPS Act are pending against the accused-petitioner and trial of the case may take considerable time, therefore, he prayed that the bail application of the accused-petitioner may be allowed.
3. Learned Public Prosecutor has vehemently opposed the bail application.
4. Heard and perused the material available on record.
5. In the present case, the accused-petitioner is in custody since 21.05.2026 and recovered contraband article is less than commercial quantity. Although, there are two cases under the NDPS Act registered against the accused-petitioner, but in the case of Prabhakar Tewari Vs. The State of Uttar Pradesh reported in AIRONLINE 2020 SC 96, the Hon'ble Supreme Court has held that mere pendency of the prior criminal case(s) against an accused cannot be the sole ground for rejecting his prayer for grant of bail.
6. Considering the arguments advanced by the learned counsel for the petitioner, looking to the facts of the case and criminal antecedents of the accused-petitioner without commenting anything on the merits of the case, this Court deems it just and proper to enlarge the accused-petitioner on conditional bail.
7. Accordingly, the bail application under Section 483 BNSS is allowed and it is ordered that the accused/petitioner-Pawan Alias Prem S/o Bhanwarlal, shall be enlarged on bail provided he furnishes a personal bond in the sum of Rs.1,00,000/- with two sureties of Rs.50,000/- each to the satisfaction of the learned trial Judge for his appearance before the Court concerned on all the dates of hearing and as and when called upon to do so.
(3 of 3) [CRLMB-9472/2026]
8. The accused-petitioner be also directed to submit his present address along with the mobile number to the concerned SHO within seven days of release and the concerned SHO shall verify the said address and the mobile number. In case, if the petitioner changes his address or mobile number, he shall submit the same before the concerned SHO as also before the concerned learned trial Court.
9. The accused is also directed to mark his presence in 1st week of every month till conclusion of the trial before the concerned police station. The S.H.O. of the concerned police station shall mark his presence in register and send the presence report of the accused/petitioner on the same day (next day in case of holiday) to the trial Court every month.
10. In case of any breach to the above conditions and if he commits crime in similar offence, the learned Public Prosecutor shall be free to move an application against the petitioner for cancellation of the bail before the concerned Court.
11. As per order dated 31.01.2023 passed by the Hon'ble Supreme Court in SMWP (Criminal) No.04/2021 In Re Policy Strategy for Grant of Bail & SLP (Cri.) No.529/2021, the copy of this order shall be sent to the concerned Jail Authority to inform the accused-petitioner and a copy of this order shall also be sent to the concerned SHO for its strict compliance. (CHANDRA PRAKASH SHRIMALI),J GAURAV SHARMA/20