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2026 DAILYLAW 4209 (RAJ)

ILIYAS @ HERO S/O SHRI CHAND MOHAMMED v. STATE OF RAJASTHAN

CRLMB/2247/2026 · 2026-03-23

Sameer Jain

body2026

Judgment text

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[2026:RJ-JP:12237] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 2247/2026 Iliyas @ Hero S/o Shri Chand Mohammed, Aged About 40 Years, R/o Kanglipura Dargah Mohalla Bhawani Mandi Police Thana Bhawani Mandi District Jhalawar Rajasthan. (At Present Confined At District Jail Jhalawar). ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Abdul Rahim Khan For Respondent(s) : Mr. Vivek Sharma, PP HON'BLE MR. JUSTICE SAMEER JAIN Order 23/03/2026 1. The instant bail application has been filed under Section 483 BNSS on behalf of the accused-applicant. The accused-applicant was arrested in connection with FIR No. 16/2026 registered at Po- lice Station Bhawani Mandi, District Jhalawar, for the offence(s) under Section 8/21, 8/29, 8/30 N.D.P.S. Act and the learned Trial Court amidst the offences under Section Section 8/21, 8/29, 8/30 NDPS Act dismissed the bail application before it. 2. Learned counsel for the accused-applicant has submitted that the applicant is sole bread earner of the family, aged about 40 years. It is further submitted that recovery of 0.55 gms of smack has been recovered, which is much less than the prescribed commercial quantity of 250 gms. It is also submitted that charge- sheet has already been filed in the matter. [2026:RJ-JP:12237] (2 of 4) [CRLMB-2247/2026] 3. Per contra, learned Public Prosecutor has vehemently op- posed the instant bail application and has submitted that there are as many as 24 criminal antecedents of similar nature registered against the applicant and if the applicant is enlarged on bail he will be a threat to the society. The criminal antecedents of the ac- cused-applicant are reproduced herein below: dze la[;k dsl uacj vijk/k /kkjk PktZ”khV uacj fnukad iqfyl Fkkuk dksVZ fu.kZ; 1 78/2001 147,148,307 IPC 59/30.04.01 BWM Pending Court 2 73/2004 379 IPC 58/19.04.04 BWM Ckjh 03-08-07 3 84/2004 8/21 NDPS Act 57/31.07.04 Kethuni Pol Kota Pending Court 4 37/2007 4/25 Arms Act 22/12.02.07 BWM Lktk 6 ekg dkjkokl 5 130/2007 4/25 Arms Act 95/19.06.07 BWM Pending Court 6 170/2007 4/25 Arms Act 135/04.07.07 BWM Lktk 18-06-12 7 77/2008 332,353,143,323,3 77 IPC & 3PDPPAct & 3 SC/ST Act 116/30.04.08 BWM Ckjh 25-03-2015 8 125/2010 323,377,363 IPC 96/21.10.10 SUNEL Pending Court 9 431/2010 4/25 Arms Act 284/16.12.10 BWM 100@& tqekZuk 27-08-2010 10 27/2011 19/54 R.Ex.Act 16/30.01.11 BWM 500@& tqekZuk 14-05-2013 11 44/2013 4/25 Arms Act Aklera Pending Court 12 50/2013 4/25 Arms Act 44/17.04.13 Maqbara Kota ltk 5000@& tqekZuk 13 324/2013 4/25 Arms Act 227/10.09.13 BWM Pending Court 14 44/2014 4/25 Arms Act 22/30.01.14 BWM 500@& tqekZuk 22-03-2018 15 139/2014 4/25 Arms Act 88/24.04.14 BWM 500@& [2026:RJ-JP:12237] (3 of 4) [CRLMB-2247/2026] tqekZuk 05-10-2018 16 281/2014 4/25 Arms Act 166/21.07.14 BWM 500@& tqekZuk 24-11-2017 17 293/2016 4/25 Arms Act 243/14.09.16 BWM Pending Court 18 396/2016 147,341,323,427,5 04 IPC 332/10.12.16 BWM 100@& tqekZuk 04-01-2017 19 50/2017 4/25 Arms Act Maqbara Kota Pending Court 20 390/2018 4/25 Arms Act 305/28.04.18 BWM Pending Court 21 160/2021 379 IPC 104/31.03.21 BWM Pending Court 22 359/2023 4/25 Arms Act 324/30.09.23 BWM ltk 500@& tqekZuk 23 416/2024 16/54 Excise Act 325/17.10.24 BWM Pending Court 24 337/2025 8/21,29 NDPS Act 289/20.09.25 BWM Pending Court 4. Having heard the arguments advanced by learned counsel for the parties, considering the fact that the applicant is sole bread earner of the family, aged about 40 years; that recovery of 0.55 gms of smack has been recovered, which is much less than the prescribed commercial quantity of 250 gms; that charge-sheet has already been filed in the matter, and looking to the overall facts and circumstances of the case and material on record but without commenting on merits/demerits of the case and taking note of the fact that there are as many as 24 criminal antecedents registered against the applicant; that the applicant is stated to be a threat to the society if he is enlarged on bail and keeping in mind the sacro- sanct objective of Indian criminal reformative system and balanc- ing the equity between right of the liberty and strong criminal an- [2026:RJ-JP:12237] (4 of 4) [CRLMB-2247/2026] tecedents, this Court is inclined to enlarge the accused-applicant on bail with following conditions: 4.1 That the applicant will go for his employment/work and reside 250 kms away from the place of his current residence for a period of three months as the applicant is in habit of committing the offence in the vicinity of Bhawani Mandi, Jhalawar. 4.2 That on every 5th of successive month, applicant will mark attendance before the jurisdictional police station. 5. Accordingly, the bail application under Section 483 BNSS is allowed and it is ordered that accused-applicant Iliyas @ Hero S/o Shri Chand Mohammed shall be enlarged on bail provided he furnishes a personal bond of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of learned trial Judge for his appearance before the court concerned on all the dates of hearing as and when called upon to do so. (SAMEER JAIN), RINCHU /82