Citation : 2026 Latest Caselaw 2746 Raj
Judgement Date : 18 February, 2026
[2026:RJ-JD:9041]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 1692/2026
Mohammad Ajmal @ Danish @ Imran S/o Mohammad Ahamad
Khan, Aged About 25 Years, R/o Bada Kasai Mohalla Nimbahera
District Chittorgarh Rajasthan. (Presently Lodged In Sub Jail
Nimbahera)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
Connected With
S.B. Criminal Miscellaneous Bail Application No. 12259/2025
Sohail Munsari S/o Shri Khurshid Munsuri, Aged About 23 Years,
Naya Bazar Nimbaheda Police Station Kotwali District Chittorgarh
Rajasthan (Presently Lodged At Dist. Jail Chittorgarh)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Zafar Khan
Mr. Bhagirath Solanki
Mr. Vijay Solanki
Mr. Tarachand Solanki
Mr. Ripudaman Singh
For Respondent(s) : Mr. Urja Ram Kalbi, PP
Mr. Prabhu Lal, CO, Aaspur,
Dungarpur, present-in-person
HON'BLE MR. JUSTICE PRAMIL KUMAR MATHUR
Order
18/02/2026
1. The petitioners have filed these bail applications under
Section 483 of BNSS in FIR No.183/2025 registered at Police
Station Gangrar, District Chittorgarh for offence under Sections
8/22 and 8/29 of NDPS Act.
(Uploaded on 18/02/2026 at 05:00:23 PM)
[2026:RJ-JD:9041] (2 of 3) [CRLMB-1692/2026]
2. Since both these bail applications arise out of common FIR,
hence, they are being decided by this common order.
3. Heard learned counsel for the petitioners as well as learned
Public Prosecutor and perused the material available on record.
4. Learned counsel for the petitioners submits that the
petitioners have falsely been implicated in this case. He submits
that nothing has been recovered from the conscious possession of
the petitioners. He submits that alleged contraband weighing 50
grams MDMA including weight of plastic pouch has been recovered
from conscious possession of co-accused Arpit and Vikram Sahani
and not from the present petitioners. He further submits that the
alleged contraband was sent for FSL and according to FSL report
dated 04.12.2025, the recovered contraband was found to be
mephedrone and commercial quantity of the same is 50 grams,
therefore, recovered contraband is below commercial quantity,
hence the bar of Section 37 of NDPS Act is not attracted in this
case. He further submits that petitioner Mohammad Ajmal has
criminal history of four cases out of which, one is of similar nature
and petitioner Sohail Munsari also has one other case registered
against him in which both are on bail respectively. He again
submits that the petitioners are behind the bars since 16.07.2025.
The investigation and trial of the case may take considerable time
and no further custodial interrogation is required. Hence the bail
applications of the petitioners may be allowed.
5. Investigating Officer is present-in-person before this Court
and upon interaction with him regarding recovered contraband he
fairly admitted that only 50 grams of mephedrone including plastic
pouch was recovered from the possession of the petitioners.
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[2026:RJ-JD:9041] (3 of 3) [CRLMB-1692/2026]
6. Learned Public Prosecutor has vehemently opposed the bail
applications.
7. On consideration of the rival submissions and material
available on record and in the light of submission made by learned
counsel for the petitioners but without expressing any opinion on
merits/demerits of the case, I am inclined to grant benefit of bail
to the petitioners.
8. Consequently, the bail applications under Section 483
B.N.S.S. is allowed and it is directed that the petitioners -
Mohammad Ajmal @ Danish @ Imran S/o Mohammad
Ahamad Khan and Sohail Munsari S/o Shri Khurshid
Munsuri be released on bail provided each of them furnishes a
personal bond in the sum of Rs.50,000/- with two sureties in the
sum of Rs.25,000/- each to the satisfaction of the learned trial
court with the stipulation that they shall appear before that Court
on all subsequent dates of hearing till conclusion of the trial.
(PRAMIL KUMAR MATHUR),J 33-34-Rashi/-
(Uploaded on 18/02/2026 at 05:00:23 PM)
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