Citation : 2026 Latest Caselaw 2432 Raj
Judgement Date : 13 February, 2026
[2026:RJ-JD:8224]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 9310/2025
Dinesh Jat S/o Ramlal Jat, Aged About 23 Years, Kumharo Ka
Mohalla, Gangashahar, Police Station Gangashahar, District
Bikaner (Rajasthan). (Presently Lodged In District Jail,
Chittorgarh)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Vijay Raj Bishnoi
For Respondent(s) : Mr. Sameer Pareek, PP
HON'BLE MR. JUSTICE PRAMIL KUMAR MATHUR
Order
13/02/2026
1. The petitioner has filed this bail application under Section
483 of BNSS in FIR No.198/2025 registered at Police Station
Gangrar, District Chittorgarh for offence under Sections 8/22, 8/29
of NDPS Act.
2. Heard learned counsel for the petitioner as well as learned
Public Prosecutor and perused the material available on record.
3. Learned counsel for the petitioner submits that the petitioner
has been falsely implicated in the present case. It is further
contended that no contraband has been recovered from the
conscious possession of the present petitioner. The allegation
against the present petitioner is that he was sitting along with the
principal accused Sunil Dudi. The alleged recovery has, in fact,
been effected from the co-accused, namely Sunil Dudi. It is
further submitted that at the time of seizure, the contraband was
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alleged to be MDMA; however, as per the FSL report, the
substance has been found to be Mephedrone, weighing 51 grams,
which is marginally above the commercial quantity. Learned
counsel submits that as per the seizure memo, the weight of 51
grams was recorded along with the plastic pouch containing the
contraband. It is contended that the commercial quantity of
Mepehedrone is 50 grams and, therefore, if the weight of the
plastic pouch is excluded, there exists a reasonable possibility that
the actual quantity of the contraband may fall below the
prescribed commercial quantity. On the aforesaid premise, it is
argued that the rigour of Section 37 of the NDPS Act would not be
attracted in the present case. It is further submitted that the
petitioner has been in judicial custody since 12.07.2025 and has
no criminal antecedents. The trial of the case may take
considerable time and no further custodial interrogation is
required, hence the bail application of the petitioner may be
allowed.
4. Learned Public Prosecutor has vehemently opposed the bail
application.
5. On consideration of the rival submissions and material
available on record and in the light of submission made by learned
counsel for the petitioner but without expressing any opinion on
merits/demerits of the case, I am inclined to grant benefit of bail
to the petitioner.
6. Consequently, the bail application under Section 483
B.N.S.S. is allowed and it is directed that the petitioner Dinesh
Jat S/o Ramlal Jat, be released on bail provided he furnishes a
personal bond in the sum of Rs.50,000/- with two sureties in the
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sum of Rs.25,000/- each to the satisfaction of the learned trial
court with the stipulation that he shall appear before that Court on
all subsequent dates of hearing till conclusion of the trial.
(PRAMIL KUMAR MATHUR),J 10-AnilKC/-
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