Citation : 2026 Latest Caselaw 4101 Raj
Judgement Date : 17 March, 2026
[2026:RJ-JD:12739]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 3210/2026
Sahiram S/o Birbal Ram, Aged About 35 Years, R/o Ranga
Colony Bangla Nagar, P.s.muktaprasad Nagar Bikaner, Rajasthan.
(Presently Lodged In Central Jail Bikaner)
----Petitioner
Versus
State Of Rajasthan, Through Public Prosecutor
----Respondent
For Petitioner(s) : Mr. Devi Singh
For Respondent(s) : Mr. Pawan Bhati, PP
HON'BLE MR. JUSTICE MUKESH RAJPUROHIT
Order
17/03/2026 1 The instant second application for bail under Section 483 of
BNSS (439 of Cr.P.C.) has been filed by the petitioner who has
been arrested in the present matter. The requisite details of the
matter are tabulated herein below:
S. No. Particulars of the case 2. Police Station Nayashahar 3. District Bikaner
4. Offences alleged in the Under Sections 8/22, 25 of FIR the NDPS Act.
5. Offences added, if any --
2. The 1st bail application filed on behalf of petitioner i.e. S.B.
Criminal Misc. Bail Application No.14397/2025 was dismissed vide
order dated 17.12.2025 passed by this Court with the liberty to
the petitioner to file fresh bail application after filing of the
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[2026:RJ-JD:12739] (2 of 3) [CRLMB-3210/2026]
challan. After rejection of first bail application, challan has been filed.
Hence, this second application for bail has been filed.
3. Learned counsel for the petitioner submits that the petitioner
has been falsely implicated in the present case. He further submits
that as per the NDPS Act, the commercial quantity of narcotic
contraband viz. Mephedrone (MD) is 50 grams, however, the
allegedly recovered narcotic contraband Mephedrone (MD) is 54
grams which is marginally higher than the commercial quantity.
4. Learned counsel for the petitioner has submitted that the
petitioner has only one previous antecedent of similar nature in
which he has already been enlarged on bail by this Court. The
petitioner is in judicial custody since 16.08.2025, the chargesheet
has already been filed and the trial of the case will take sufficiently
long time, therefore, the benefit of bail may be granted to the
accused-petitioner.
5. Per contra, learned Public Prosecutor has vehemently
opposed the bail application.
6. Having heard and considered the rival submissions, facts and
circumstances of the case as well as perused the material
available on record; considering the fact that the petitioner is in
judicial custody since 16.08.2025 and the trial of the case will take
significant time to conclude, 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
of BNSS (439 Cr.P.C.) is allowed. It is ordered that the accused-
petitioner as named in the cause title, arrested in connection with
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the above mentioned FIR, 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.
(MUKESH RAJPUROHIT),J 88-AbhishekS/-
(Uploaded on 17/03/2026 at 06:03:24 PM)
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