[2026:RJ-JP:2470] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 12845/2025 Mahboob Mohammad S/o Shahzad Miyan, Aged About 33 Years, R/o Ward No. 24, Tonk, P.s. Tonk, District Tonk (Raj.) (At Present Accused-Petitioner Confined In District Jail Sawaimadhopur) ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Aman Ali, Adv. For Respondent(s) : Mr. Manvendra Singh, PP with Mr. Anirudh Singh, Astt. Adv. HON'BLE MR. JUSTICE PRAVEER BHATNAGAR Order 20/01/2026 1. The instant bail application has been filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 on behalf of accused-petitioner. The accused-petitioner has been arrested in connection with FIR No.138/2025, registered at Police Station Choth Ka Barwada, District Sawaimadhopur for the offence(s) under Sections 8/21 of the N.D.P.S. Act. 2. It is contended by learned counsel for the petitioner that the petitioner has falsely been implicated under Section 8/29 of the N.D.P.S. Act. The accused-petitioner is in custody since 18.09.2025, there is no substantive evidence available on record showing that the accused-petitioner has supplied the contraband article smack to the other co-accused from whom it was recovered. The quantity of smack recovered from the other co- accused is below commercial quantity. The charge-sheet has already been submitted and the trial of the case may take [2026:RJ-JP:2470] (2 of 3) [CRLMB-12845/2025] considerable time, therefore, the bail application of the accused- petitioner may be allowed. 3. Learned Public Prosecutor has vehemently opposed the grant of bail and contended that the petitioner supplied smack to the other co-accused. It is further contended that the co-accused in their disclosure statements have revealed that the petitioner and the other co-accused were in constant connection with each other through mobile phones. It is also argued that the petitioner is a habitual offender and six criminal cases have been registered against him for various offences and out of which four cases are under provisions of NDPS Act. Therefore, considering the aforesaid facts, the bail application of the accused-petitioner deserves to be dismissed. 4. Heard and perused material available on record. 5. Considering the arguments advanced by learned counsel for the petitioner and after going through the record, this Court deems it proper to allow the instant bail application of the accused-petitioner. 6. Accordingly, the instant bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, is allowed and it is ordered that the accused-petitioner-Mahboob Mohammad S/o Shahzad Miyan, in connection with FIR No.138/2025, registered at Police Station Choth Ka Barwada, District Sawaimadhopur, shall be enlarged on bail provided he furnishes a 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 his appearance before the Court concerned on all the dates of hearing and as and when called upon to do so. The learned trial Judge shall also verify the [2026:RJ-JP:2470] (3 of 3) [CRLMB-12845/2025] address and the contact details of the surety through concerned S.H.O. before releasing the accused-petitioner on bail. 7. The accused-petitioner is also directed to mark his presence on 25th of every month before the concerned Police Station till conclusion of the trial. The SHO of the concerned Police Station is directed to maintain a regular register marking the presence of the accused-petitioner and shall send the presence report of the accused-petitioner on the same day to the concerned trial Court every month without any delay. In case of any breach of the aforementioned conditions, the learned Public Prosecutor shall be free to move the application against the accused-petitioner for cancellation of the bail before the concerned Court. 8. The accused-petitioner is directed to submit his present address along with his mobile number to the concerned S.H.O. within 7 days from his release and the concerned S.H.O. shall verify the said address and the mobile number. In case if the petitioner changes his address or mobile number he shall submit the same before the concerned S.H.O. and also before the concerned learned trial Court. 9. A copy of this order shall be sent to the concerned S.H.O. for its strict compliance. (PRAVEER BHATNAGAR),J Ashwani Kr Srivastava /-42