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[2026:RJ-JP:12884] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 4602/2026 Biramchand S/o Kishanlal, Aged About 35 Years, R/o Umarpura Devrikala Police Station Aklera, District Jhalawar (Raj.) ---Accused-Applicant Versus State of Rajasthan through PP ----Respondent For Petitioner(s) : Mr. Rohit Khandelwal For Respondent(s) : Mr. Manvendra Singh Shekhawat, PP Mr. Vivek Sharma, PP HON'BLE MR. JUSTICE SAMEER JAIN
Order 27/03/2026
1. The instant bail application has been filed under Section 482 BNSS, 2023 on behalf of the accused-applicant. The accused- applicant was arrested in connection with FIR No. 19/2026 registered at Police Station Jhalra Patan District Jhalawar for the offence(s) under Sections 8/21, 29 of NDPS Act, 1985.
2.
Learned counsel for the accused-applicant submits that the contraband, i.e., smack allegedly recovered from the applicant, is approximately 5.9 grams, which is slightly higher than the prescribed small quantity i.e., 5 grams and the same is much less than the prescribed commercial quantity of 250 grams. It is further submitted that there are no criminal antecedents registered against the applicant. It is also submitted that the applicant has been falsely implicated in the present matter.
3. Per contra, learned Public Prosecutor has vehemently opposed the instant bail application.
4. Having heard the arguments advanced by learned counsel for the parties, considering that the contraband recovered from
[2026:RJ-JP:12884] (2 of 2) [CRLMB-4602/2026] the applicant, is approximately 5.9 grams, which is slightly higher than the prescribed small quantity of 5 grams and the same is much less than the prescribed commercial quantity of 250 grams; that there are no criminal antecedents registered against the applicant, and looking to the overall facts and circumstances of the case and material on record but without commenting on merits/demerits of the case, this court is inclined to allow the bail application of the accused-applicant and enlarge him on bail.
5. Accordingly, the anticipatory bail application is allowed. The S.H.O/I.O/Arresting Officer, Police Station Jhalra Patan District Jhalawar in F.I.R. No. 19/2026 is directed that in the event of arrest of the accused-applicants Biramchand S/o Kishanlal, he shall be released on bail, provided he furnishes a personal bond in the sum of Rs.50,000/-, with two sureties in the sum of Rs.25,000/- each to the satisfaction of the S.H.O/I.O/Arresting Officer of the concerned Police Station. Withal, following conditions are also imposed upon the applicants:- (i) that the applicant shall make themselves available for interrogation by a police officer as and when required; (ii) that the applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or any police officer, and (iii) that the applicant shall not leave India without previous permission of the court.
(SAMEER JAIN),J JKP/34