IMTIYAZ S/O SHRI CHAND MOHAMMAD v. STATE OF RAJASTHAN
CRLMB/2377/2026 · 2026-03-17
Sameer Jain
body2026
DailyLaw.ai
[ 2026 DAILYLAW 628 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 628 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2026:RJ-JP:11278] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 691/2026 Guddu Alias Firoz S/o Chand Mohammad, Aged About 48 Years, R/o Kanglipura, Dargah Mohalla Bhawanimandi, Police Station Bhawani Mandi, District Jhalawar (Raj.) (Presently Confined in Sub Jail At Bhawani Mandi). ----Applicant Versus State of Rajasthan through PP ----Respondent Connected With S.B. Criminal Miscellaneous Bail Application No. 2377/2026 Imtiyaz S/o Shri Chand Mohammad, Aged About 38 Years, R/o Kanglipura Dargah Mohalla Bhawanimandi Police Station Bhawanimandi, District Jhalawar Raj. (Presently Confined In Sub Jail Bahwanimandi). ----Applicant Versus State of Rajasthan through PP ----Respondent For Petitioner(s) : Mr. Abdul Rahim Khan Mr. Aman Ali For Respondent(s) : Mr. Vivek Sharma, PP HON'BLE MR. JUSTICE SAMEER JAIN
Order 17/03/2026
1. The instant bail application has been filed under Section 483 BNSS on behalf of accused-applicant. The accused-applicant was arrested in connection with FIR No. 422/2025 registered at Police Station Bhawani Mandi District Jhalawar for the offence(s) under Sections 8, 21 & 30 of NDPS Act, 1985.
[2026:RJ-JP:11278] (2 of 5) [CRLMB-691/2026]
2.
Learned counsel for the accused-applicants has submitted that the quantity of contraband smack recovered from the applicants is approximately 1.32 grams and the same is much less than the prescribed commercial quantity of 250 grams. It is further submitted that the charge-sheet has already been filed in the matter. It is next submitted that the applicants are in custody since 23.10.2025. It is also submitted that the applicants are sole bread earner of the family and that the applicants are falsely implicated in the matter. 3. Per contra, learned Public Prosecutor has opposed the instant bail application and has submitted that the applicants were actively involved in trade/supply of the said contraband in the form of small packets and that there are as many as 23 criminal antecedents registered against the applicant, namely Guddu Alias Firoz, and total of 5 criminal antecedents registered against the applicant, namely Imtiyaz. It is further submitted that the applicants are threat to society, therefore, they should not be enlarged on bail. The criminal antecedents of both the applicants are reproduced herein below: Criminal record of Guddu @ Firoz S/o Chand Mohammad Ø e la- dsl uacj vijk/k /kkjk urhtk r¶rh'k iqfyl Fkkuk dksVZ fu.kZ; 1 113/1996 8/18 NDPS ACT 53/30.04.9 6 HkokuheaMh isafMax dksVZ 2 319/2004 4/25 Arms Act 223/11.12. 04 HkokuheaMh ltk 19-01-05 3 195/2005 4/25 Arms Act 145/18.06. 05 HkokuheaMh ltk 29-10-05 4 07/2007 399,402 IPC 12/29.01.0 7 HkokuheaMh isafMax dksVZ 5 77/2008 332,353, 143,323, 377 IPC, 3 116/30.04. 08 HkokuheaMh cjh 25-03-2015
[2026:RJ-JP:11278] (3 of 5) [CRLMB-691/2026] PDPP Act 3 SC/ST Act 6 171/2007 4/25 Arms Act 136/04.08. 07 HkokuheaMh ltk 7 227/2007 8/21 NDPS ACT 185/23.10. 07 HkokuheaMh 21-01-09 8 222/2008 147/332] 307 IPC, 3 PDPP Act dksrokyh >kykokM ltk 20-10-07 9 41/2010 4/25 Arms Act thvkjih dksVk isafMax dksVZ 10 28/2011 4/25 Arms Act 15/29.01.1 1 HkokuheaMh isafMax dksVZ 11 283/2011 4/25 Arms Act 286/24.10. 11 dksrokyh >kykokM isafMax dksVZ 12 206/2012 4/25 Arms Act 198/31.08. 12 fd'kuiqjk dksVk isafMax dksVZ 13 325/2013 4/25 Arms Act 225/10.09. 13 HkokuheaMh isafMax dksVZ 14 39/2014 4/25 Arms Act HkokuheaMh 500 tqekZuk 28-08-17 15 186/2014 4/25 Arms Act th vkj ih dksVk isafMax dksVZ 16 116/2017 4/25 Arms Act 92/20.05.1 7 HkokuheaMh 500@& tqekZuk 24-11-17 17 303/2018 4/25 Arms Act 255/14.10. 18 HkokuheaMh isafMax dksVZ 18 98/2020 8/21,29 NDPS ACT 99/26.12.2 0 ehJksyh isafMax dksVZ 19 362/2021 8/21 NDPS ACT 334/29.10.
21 HkokuheaMh isafMax dksVZ 20 563/2021 8/21 NDPS ACT 38/15.02.2 2 jkexateaMh isafMax dksVZ 21 95/2023 8/21,29 NDPS ACT 134/09.05. 23 HkokuheaMh isafMax dksVZ 22 17/2024 16/54 Ex.Act 30/30.01.2 4 HkokuheaMh isafMax dksVZ 23 15/2025 115(2),126 (2),117(2), 3(5)BNS 20/28.02.2 5 HkokuheaMh isafMax dksVZ Criminal record of Imtiyaz S/o Shri Øe la- dsl uacj vijk/k /kkjk urhtk r¶rh'k iqfyl Fkkuk dksVZ fu.kZ; 1 365/2013 341,323,34 I.P.C. 252/15.10.1 3 HkokuheaMh isafMax dksVZ 2 430/2013 4/25 Arms Act 298/18.11.1 HkokuheaMh isafMax
[2026:RJ-JP:11278] (4 of 5) [CRLMB-691/2026] Chand Moham mad 3 dksVZ 3 95/2013 8/18,29 NSPS Act 156/30.05.1 3 HkokuheaMh isafMax dksVZ 4 180/2014 4/25 Arms Act 116/24.05.1 4 HkokuheaMh isafMax dksVZ 5 15/2025 115(2),126(2), 117(2),3(5)BNS 20/28.02.25 HkokuheaMh isafMax dksVZ
4. Having heard the arguments advanced by learned counsel for the parties, considering the fact that the applicants are in custody ever since 23.10.2025; that the contraband as recovered is 1.32 grams of smack which is much less than the prescribed commercial quantity i.e. 250 grams; that the 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 total of twenty eight criminal antecedents registered against both the applicants; that the applicants are stated to be a threat to the society if they are enlarged on bail and keeping in mind the sacrosanct objective of Indian criminal reformative system and balancing the equity between right of the liberty, strong criminal antecedents, this Court is inclined to enlarge the accused-applicants on bail with following conditions: 4.1 That the applicants will go for their employment/work and reside 250 kms away from the place of their current residence (i.e. Jhalawar) for a period of six months as the applicants are habitual of committing alike offence. 4.2 That on every 5th of successive month, the applicants will mark their attendance before the concerned jurisdictional police station.
[2026:RJ-JP:11278] (5 of 5) [CRLMB-691/2026] 4.3 That the concerned SHO of the present place of posting will file cancellation application if the undertaking given by the
learned counsel for the applicants is not complied with regard to change of residences for the appropriate period.
5. Accordingly, the bail application under Section 483 BNSS is allowed and it is ordered that accused-applicant Guddu Alias Firoz S/o Chand Mohammad & Imtiyaz S/o Shri Chand Mohammad shall be enlarged on bail provided they furnish a personal bond of Rs.50,000/- each with two sureties of Rs.25,000/- each to the satisfaction of learned trial Judge for their appearance before the court concerned on all the dates of hearing as and when called upon to do so.
6. A copy of the present order be placed in the connected application.
(SAMEER JAIN),J JKP/25-26