Rajasthan High Court
CRLMB/9291/2026 of MAHENDRA KUMAR URF MAHENDRA VERMA URF KALA S/O SHRI CHIRANJILAL Vs STATE OF RAJASTHAN on 14 August 2026
JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 9291/2026 CNR: RJHC020569072026 | URN: CRLMB / 17051U / 2026 Mahendra Kumar Urf Mahendra Verma Urf Kaka S/o Shri Chiranjilal, Aged About 52 Years, R/o Ward No 14, Aguna Mohalla, Bisau Ps Bisau District
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous Bail Application No. 9291/2026
CNR: RJHC020569072026 | URN: CRLMB / 17051U / 2026
Mahendra Kumar Urf Mahendra Verma Urf Kaka S/o Shri Chiranjilal, Aged About 52 Years, R/o Ward No 14, Aguna Mohalla, Bisau Ps Bisau District Jhunjhunu (Raj.) (At Present Accused Petitioner Confined In District Jail Sikar)
----Petitioner
Versus
State of Rajasthan, Through PP
----Respondent
For Petitioner(s)
:
Ms. Bismaad Kaur, Adv.
For Respondent(s)
:
Mr. Manvendra Singh Shekhawat, PP
HON'BLE MR. JUSTICE CHANDRA PRAKASH SHRIMALI
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Order
14/08/2026
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.40/2026 registered at Police Station-Gokulpura, District-Sikar for the offences under Sections 8/15 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. He further submits that the alleged recovery of doda chura from the possession of the co-accused-Nitesh Kumar is 14.888 grams, which is below the commercial quantity. It is further submitted that the accused-petitioner has been alleged to have supplied the said quantity of doda chura to co-accused-Nitesh Kumar. He
(2 of 4) [CRLMB-9291/2026] further submits that charge-sheet has been filed against him there are four other criminal antecedents registered against the accused-petitioner, out of which three cases under the NDPS Act are pending against him. He further contended that the petitioner is behind the bars since 25.05.2026 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 and submits that there are four other criminal antecedents registered against the accused-petitioner.
4. Heard and perused the material available on record.
5. In the present case, the accused-petitioner is in custody since 25.05.2026 and recovered contraband article is less than commercial quantity. Although, there are four other criminal antecedents registered against the accused-petitioner, out of which three cases under the NDPS Act are pending against him, 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.
(3 of 4) [CRLMB-9291/2026]
7. Accordingly, the bail application under Section 483 BNSS is allowed and it is ordered that the accused/petitioner-Mahendra Kumar Urf Mahendra Verma Urf Kaka S/o Shri Chiranjilal, 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.
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.
(4 of 4) [CRLMB-9291/2026]
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/27