CRLMB/10329/2026 of SALMAN Vs STATE OF RAJASTHAN on 7 August 2026

Order

07/08/2026 The present bail application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the petitioners, who have been arrested in connection with FIR No.149/2026 registered at Police Station Chhatargarh, District Bikaner, for the offences punishable under Sections 8/15 and 25 of the Narcotic Drugs and Psychotropic Substances Act, 1985. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in the present case. It is contended that the alleged recovery of 30 Kg 335 Grams of poppy straw is below commercial quantity and,

(2 of 3) [CRLMB-10329/2026] therefore, the rigours of Section 37 of the NDPS Act are not attracted. It is further submitted that the petitioners have no criminal antecedents and have remained in judicial custody since 23.07.2026. Learned counsel submits that the trial is likely to take considerable time and, therefore, the petitioners deserve to be enlarged on bail. Per contra, learned Public Prosecutor has opposed the bail application. However, he is not in a position to controvert the aforesaid submissions. Heard learned counsel for the parties and perused the material available on record. This Court has considered the submissions advanced by learned counsel for the parties. Having regard to the fact that the alleged recovery of poppy straw is below commercial quantity, the rigours of Section 37 of the NDPS Act are not attracted. It is also not disputed that the petitioners have no criminal antecedents and have remained in judicial custody since 23.07.2026. Investigation has progressed and the trial is likely to take considerable time. Hence, keeping in view the overall facts and circumstances of the case; the conclusion of the trial is likely to take considerable time; the alleged contraband recovered from the petitioners is below commercial quantity; the petitioners have no criminal antecedents; the prosecution has not shown any apprehension that the petitioners, if enlarged on bail, would flee from justice or misuse the liberty of bail; and without expressing any opinion on the merits of the case, this Court deems it just and proper to

(3 of 3) [CRLMB-10329/2026] enlarge the petitioners on bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023. Accordingly, the present bail application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 is allowed. It is directed that the petitioners, Salman S/o Samu Khan and Mazid Khan S/o Jumme Khan, shall be released on bail in connection with the aforesaid FIR, if not wanted in any other case, provided each of them furnishes a personal bond in the sum of Rs.1,00,000/- along with two sound and solvent sureties of Rs.50,000/- each to the satisfaction of the learned trial Court, with the condition that they shall appear before the said Court on each and every date of hearing and whenever called upon to do so till the conclusion of the trial. (BALJINDER SINGH SANDHU),J 113/Deepta Arora