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Rajasthan High Court - Jodhpur
Zakir Hussain vs State Of Rajasthan (2026:Rj-Jd:5616) on 30 January, 2026
Author: Kuldeep Mathur
Bench: Kuldeep Mathur
[2026:RJ-JD:5616]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 1413/2026
Zakir Hussain S/o Shri Gulam Hussain, Aged About 50 Years,
Resident Of Piplya Raoji, Police Station Manasa, District Nimuch
(M.p.) (At Present Lodged In Sub Jail Gulabpura)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Birbal Ram Bishnoi
For Respondent(s) : Mr. Hanuman Prajapati, PP
HON'BLE MR. JUSTICE KULDEEP MATHUR
Order
30/01/2026
1. This second application for bail under Section 483 BNSS (439
Cr.P.C.) has been filed by the petitioner who has been arrested in
connection with F.I.R. No.41/2024, registered at Police Station
Gulabpura, District Bhilwara, for offences under Sections 8/18,
8/21 and 8/29 of NDPS Act.
2. Heard learned counsel for the parties at Bar. Perused the
material available on record.
3. Learned counsel submitted that in the present case,
contraband MDMA weighing 91 gms. (greater than commercial
quantity) was recovered from the conscious possession of the co-
accused Akhtar Khan and Jahir Khan. Learned counsel submitted
that the co-accused Akhtar Khan (S.B. Criminal Misc. II Bail
Application No.4988/2025) have already been enlarged on bail by
this Court vide order dated 18.12.2025. Learned counsel
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submitted that as per the prosecution, the recovered contraband
was supplied to the co-accused persons by the present petitioner.
4. Learned counsel submitted that the petitioner is in judicial
custody; the contraband was not recovered from the conscious
possession of the present petitioner; the investigation against the
petitioner has already been concluded and the trial is not likely to
be concluded in near future, therefore the benefit of bail may be
granted to the accused petitioner.
5. Per contra, learned Public Prosecutor has vehemently
opposed the bail application. However, he was not in a position to
refute the fact that above named co-accused person has already
been enlarged on bail; and the contraband was not recovered
from the conscious possession of the present petitioner.
6. Having considered the rival submissions, facts and
circumstances of the case, without expressing any opinion on
merits/demerits of the case, this Court is inclined to enlarge the
petitioner on bail.
7. Consequently, the second bail application under Section 483
BNSS (439 Cr.P.C.) is allowed. It is ordered that the accused-
petitioner- Zakir Hussain S/o Shri Gulam Hussain, arrested in
connection with F.I.R. No.41/2024, registered at Police Station
Gulabpura, District Bhilwara, shall be released on bail, if not
wanted in any other case, provided he furnishes a personal bond
of Rs.1,00,000/- and two sureties of Rs.50,000/- each, to the
satisfaction of learned trial Court, for his appearance before that
Court on each & every date of hearing and whenever called upon
to do so till completion of the trial.
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8. It is however, made clear that findings recorded/observations
made above are for limited purposes of adjudication of bail
application. The trial court shall not get prejudiced by the same.
(KULDEEP MATHUR),J
325-himanshu/-
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