Rajasthan High Court

CRLMB/10333/2026 of MANISH Vs STATE OF RAJASTHAN on 7 August 2026

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JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 10333/2026 CNR: RJHC010783632026 | URN: CRLMB / 22632U / 2026 1. Manish S/o Dharmchand Jat, Aged About 27 Years, Resident Of Ward No. 01, Arjansar, Police Station Mahajan, District Bikaner (Lodged In Central

HIGH COURT OF JUDICATURE FOR RAJASTHAN

AT JODHPUR

S.B. Criminal Miscellaneous Bail Application No. 10333/2026

CNR: RJHC010783632026 | URN: CRLMB / 22632U / 2026

1.

Manish S/o Dharmchand Jat, Aged About 27 Years, Resident Of Ward No. 01, Arjansar, Police Station Mahajan, District Bikaner (Lodged In Central Jail Bikaner)

2.

Ajay S/o Dharmchand Jat, Aged About 23 Years, Resident Of Ward No. 01, Arjansar, Police Station Mahajan, District Bikaner (Lodged In Central Jail Bikaner)

----Petitioners

Versus

State Of Rajasthan, Through PP

----Respondent

For Petitioner(s)

:

Mr. KR Saharan

For Respondent(s)

:

Mr. Hanuman Prajapati, PP

assisted by Mr. Omprakash

Choudhary

HON'BLE MR. JUSTICE BALJINDER SINGH SANDHU

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Order

07/08/2026

1. This application for bail under Section 483 BNSS has been filed by the petitioners, who have been arrested in connection with F.I.R. No.101/2026 registered at Police Station Mahajan, District Bikaner for the offence under Sections 8/15 of NDPS Act.

2. Learned counsel for the petitioners contends that petitioners are quite innocent persons. They have falsely been implicated in this case. The allegedly recovered contraband substance (23.100 Kg of Poppy husk/Straw) is below commercial quantity, as prescribed under the NDPS Act and, as such, rigour of Section 37 of the NDPS Act of not releasing the accused on bail is not

(2 of 3) [CRLMB-10333/2026] attracted. The criminal antecedents of the petitioner are clear. The petitioner is in judicial custody since 22.07.2026 and trial of case is likely to take a long time, therefore, benefit of bail may be granted to the petitioner.

3. Per contra, learned Public Prosecutor opposed application, however, is not in a position to refute the aforesaid submissions.

4. Heard learned counsel for the parties and perused the material available on record.

5. This Court has considered the arguments advanced by the learned counsel for the petitioner and finds that the alleged recovered contraband substance (23.100 Kg of Poppy husk/Straw) is below commercial quantity, as prescribed under the NDPS Act and, as such, rigour of Section 37 of the NDPS Act of not releasing the accused on bail is not attracted. The criminal antecedents of the petitioner are clear. The petitioner is in judicial custody since 22.07.2026.

6. Hence, keeping in view the overall facts and circumstances of the case; conclusion of the trial of the case is likely to take time; the narcotic contraband alleged to be recovered from the petitioner is below commercial quantity; the prosecution has not shown any apprehension of the petitioners fleeing away from justice, in case they are enlarged on bail; but, without expressing any opinion on the merits of the case, I deem it just and proper to grant bail to the petitioners under Section 483 of BNSS.

7. Accordingly, this bail application filed under Section 483 of BNSS is allowed and it is directed that petitioners - Manish S/o Dharmchand Jat and Ajay S/o Dharmchand Jat, shall be released on bail in connection with the aforesaid FIR, it not

(3 of 3) [CRLMB-10333/2026] wanted in any other case, provided they execute a personal bond in the sum of Rs.1,00,000/- with two sound and solvent sureties of Rs.50,000/- each to the satisfaction of learned trial court for their appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial. (BALJINDER SINGH SANDHU),J 115/Deepta Arora

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