SARFARAJ SAYYAD @ BITTU S/O RIYAJ MOHAMMAD v. STATE OF RAJASTHAN
CRLMB/7880/2025 · 2025-08-28
Praveer Bhatnagar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 22073 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 22073 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:34391] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 7450/2025 Arshan Ansari S/o Ashfak Ansari, Aged About 24 Years, R/o Street Behind Sarvodaya School, House Of Jarina Bidi Wali Chhatrapura Talab Police Thana Vigyan Nagar Kota City Rajasthan. (At Present Confined At Central Jail Kota). ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent Connected With S.B. Criminal Miscellaneous Bail Application No. 7880/2025 Sarfaraj Sayyad @ Bittu S/o Riyaj Mohammad, Aged About 24 Years, R/o Patari Wali Gali, Govind Nagar, P.s. Udhyog Nagar, Distt. Kota City Raj. (At Present In Jail At Kota) ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Abdul Kalam Khan Mr. Sajid Ali For Respondent(s) : Mr. Shree Ram Dhakar, PP HON'BLE MR. JUSTICE PRAVEER BHATNAGAR Order 28/08/2025
1. These instant bail applications have been filed under Section 483 of BNSS on behalf of accused-petitioners. The accused- petitioners have been arrested in connection with FIR No. 107/2025 registered at Police Station Jawahar Nagar, District Kota City for the offences under Sections 8/21 of NDPS Act. [2025:RJ-JP:34391] (2 of 3) [CRLMB-7450/2025]
2. Learned counsels for the accused-petitioners submit that the accused-petitioners have falsely been implicated in this case. They further submit that the recovered quantity of Mepnedrone (MD) from the possession of the petitioners is below commercial quantity. It is alleged against the petitioners that on search by the police officials 6.06 gram of MD from each were recovered from the petitioners, the cumulative quantity of the MD recovered from the petitioner is also below commercial quantity. As per the notification issued by the Central Government at serial No. 238F of the NDPS Act, the commercial quantity of MD is 50 grams. The accused-petitioners are in custody since 15.05.2025 and the trial of the case may take considerable time and the charge-sheet against the petitioners has already been submitted before the concerned court. There are criminal antecedents against the petitioners, however there is no criminal case registered against the petitioners under NDPS Ac, therefore, the bail applications of the accused-petitioners may be allowed. 3. Learned Public Prosecutor has vehemently opposed the bail application. 4. Heard and perused the material available on record. 5. Considering the arguments advanced by learned counsel for the petitioners and looking to the fact that recovered cumulative quantity of MD from the petitioners possession is about 13.02 grams which is below commercial quantity.
The accused- petitioners are in custody since long and the trial of the case may take considerable time. The charge-sheet against the petitioners has already been submitted before the concerned court, without
[2025:RJ-JP:34391] (3 of 3) [CRLMB-7450/2025] commenting anything on the merits of the case, I deem it just and proper to enlarge the accused-petitioners on bail. 6. Accordingly, the bail applications under Section 483 of BNSS are allowed and it is ordered that the accused-petitioners
1. Arshan Ansari S/o Ashfak Ansari, 2. Sarfaraj Sayyad @ Bittu S/o Riyaj Mohammad, in connection with FIR No. 107/2025 registered at Police Station Jawahar Nagar, District Kota City shall be enlarged on bail provided they furnish 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 and as and when called upon to do so. 7. The accused petitioners are also directed to mark their presence on every second and forth saturday of the month till conclusion of trial before the concerned police station. The SHO of the concerned police station shall send the presence report of the accused petitioners on the same day to the trial court every month. In case of any breach to the above condition, the learned Public Prosecutor shall be free to move the application against the petitioners for cancellation of the bail before the concerned Court. (PRAVEER BHATNAGAR),J ashu /71-72