[Cites 2, Cited by 0]
Rajasthan High Court - Jodhpur
Junaid Mev Alias Battu vs State Of Rajasthan (2026:Rj-Jd:15312) on 2 April, 2026
[2026:RJ-JD:15312]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
(1) S.B. Criminal Miscellaneous Bail Application No. 3478/2026
Junaid Mev Alias Battu S/o Shri Sharif Khan, Aged About 19
Years, Salumber Road, Reniya Magari, Dhariyawad, Police
Station Dhariyawad, District Pratapgarh (Lodged In Central Jail,
Udaipur)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
Connected With
(2) S.B. Criminal Miscellaneous Bail Application No. 2614/2026
Sumit Alias Munna Alias Pachak S/o Shri Mohammad Saeed,
Aged About 22 Years, Resident Of Nimach Road, Javad Darwaja,
Nimbahera, District Chittorgarh, Presently Residing At Bohara
Gali, Khanjeepeer, Thana Surajpole, Udaipur. (Presently Lodged
In Central Jail Udaipur)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
(3) S.B. Criminal Miscellaneous Bail Application No. 2992/2026
Touseef Mev S/o Rafeeq Mohammad, Aged About 26 Years,
Resident Of Deewanshah Colony, Gali No. 06, Patel Circle, Thana
Surajpole, Udaipur. (Presently Lodged In Central Jail Udaipur)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Ranjeet Singh Chouhan
Mr. Jagatveer Singh Deora
Mr. Karan Singh Chouhan
For Respondent(s) : Mr. Shiv Kumar Bhati, P. P.
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[2026:RJ-JD:15312] (2 of 4) [CRLMB-3478/2026]
HON'BLE MR. JUSTICE SANJEET PUROHIT
Order
02/04/2026
1. The jurisdiction of this Court has been invoked by way of
filing applications under Section 483 B.N.S.S., 2023 at the
instance of accused-applicants. The requisite details of the matter
are tabulated herein below:
S.No. Particulars of the Case
2. Concerned Police Station Surajpole
3. District Udaipur
4. Offences alleged in the FIR 8/22 & 29 of the NDPS
Act
5. Offences added, if any -
6. Date of passing of impugned 10.03.2026
order
2. It is contended on behalf of the accused-applicants that the
recovered contraband is well below demarcated commercial
quantity. It is further contended that no case for the alleged
offences is made out against them and they have been made an
accused based on conjectures and surmises. Therefore, their
incarceration is not warranted. There are no factors at play in the
case at hand that may work against grant of bail to the accused-
applicants as the embargo contained under Section 37 of NDPS
Act is not attracted in this case. Learned counsel for applicants
stated that conclusion of trial may take sufficiently long time,
therefore, prayed that applicants may be enlarged on bail.
3. Per contra, learned Public Prosecutor opposed the bail
application and submits that as per the FIR, the contraband
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recovered is 10.19 MDMA (Methylene Dioxy Methamphetamine)
and, therefore, the contraband recovered is above the commercial
quantity.
4. Replying to the said contention, learned counsel for the
applicant has referred the FSL report, wherein it was concluded
that the psychotripic substance with presence of Mephedrone was
found in the recovered contraband for which the commercial
quantity is above 50 gram and, therefore, the contraband
recovered is much below the commercial quantity. Learned
counsel for the applicant also shown the order dated 30.03.2026
passed by the Court of Special Judge, NDPS, Udaipur in Criminal
Misc. Case No.611/2026, whereby while considering the said FSL
report bail has been granted to co-acused Asif Khan.
5. Learned Public Prosecutor is failed to dispute said FSL report
so also order for granting bail passed in the case of the co-
accused.
6. Heard the learned counsel for the parties and perused the
materials available on record.
7. Upon consideration of rival submissions, it appears that the
recovered contraband is well below demarcated commercial
quantity; that accused-applicant-Junaid Mev is in custody since
27.01.2026, accused-applicant-Sumit is in custody since
12.02.2026 and accused-applicant-Touseef Mev is in custody since
12.02.2026; that investigation qua the accused-applicants has
been completed; that the applicant Nos.1 and 2 are not involved
in any other case involving offences punishable under N.D.P.S. Act
and so far as applicant no.3 is concerned, one case for offence
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punishable under NDPS Act was registered against him, wherein
he was bailed out; that the trial is likely to take its own
considerable time, therefore, this Court feels that no useful
purpose would be served by keeping the accused-applicants in
detention for an indefinite period. Hence, it is deemed suitable to
grant benefit of bail to the accused-applicants in present matter at
this stage.
6. Accordingly, instant bail applications under Section 483
B.N.S.S. are allowed and it is ordered that the accused-applicants
(1) Junaid Mev @ Battu S/o Shri Sharif Khan, (2) Touseef
Mev S/o Rafeeq Mohammad and (3) Sumit @ Munna @
Pachak S/o Mohammad Saeed shall be enlarged on bail;
provided each of them furnishes a personal bond in the sum of
Rs.50,000/- with two sureties of Rs. 25,000/- each to the
satisfaction of the learned trial Judge for their appearance before
the Court concerned on all the dates of hearing as and when
called upon to do so till the completion of trial.
7. It is made clear that in the event the accused-applicants are
found to be involved in any offence of a similar nature in future or
is found to have misused the liberty granted by this Court, it shall
be open for learned Public Prosecutor to move an appropriate
application for cancellation of bail, which shall be considered in
accordance with law.
(SANJEET PUROHIT),J
196-A.Arora/-
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