[2026:RJ-JP:21562] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 6914/2026 Mohammad Aasif S/o Mohammad Arif, Aged About 26 Years, R/o Near Kuba Masjid, Firdos Colony, Mohalla Leelgaran, Sikar, Police Station Kotwali Sikar, District Sikar (Raj.) (At Present In District Jail, Sikar). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Ripu Daman Singh Naruka For Respondent(s) : Mr. Vijay Singh Yadav, PP HON'BLE MR. JUSTICE RAVI CHIRANIA Order 21/05/2026 1. The petitioner has moved this instant bail application under Section 483 of BNSS, 2023, who was arrested by police in connection with the FIR bearing No.150/2026 dated 18.04.2026 registered at Police Station Kotwali Sikar District Sikar for the offences punishable under Sections 8, 21 and 25 of NDPS Act, 1985. 2. Learned counsel for the petitioner submits that police has recovered the alleged contraband substance (smack) quantified as 6.35 grams along-with plastic zipper from the petitioner. He submits that no separate weight of the contraband substance has been recorded and the same is equal to or less than the small quantity for the alleged substance, which is 5 grams under the NDPS Act, 1985. He further submits that the commercial quantity under the Act for the alleged substance is 250 grams and, [2026:RJ-JP:21562] (2 of 3) [CRLMB-6914/2026] therefore, the substance as recovered from the petitioner’s possession is much below the commercial quantity. Learned counsel further submits that the petitioner does not have criminal antecedents of any nature in the past under the NDPS Act and that he has been falsely implicated in the present case. In view thereof, learned counsel prayed that the petitioner may be enlarged on bail by this Court. 3. Learned Public Prosecutor strongly opposes the bail application. 4. This Court noted that the petitioner has no criminal antecedent of any nature including under NDPS Act. The alleged contraband substance as recovered quantifies as 6.35 grams along-with plastic zipper, and there is no separate weight of the contraband substance as recovered from the petitioner which prima facie shows that the quantity is equal to or less than the small quantity, i.e. 5 grams in the case of ‘smack’ as per the NDPS Act, 1985. This Court, in view of the above facts, is inclined to enlarge the present petitioner on bail. 5. Accordingly, the bail application filed under Section 483 B.N.S.S. is hereby allowed and it is directed that accused- petitioner Mohammad Aasif S/o Mohammad Arif shall be released on bail, provided he executes a personal bond in a sum of Rs.1,00,000/- with two sound and solvent sureties of Rs.50,000/- to the satisfaction of learned Trial Court for their appearance before that Court on each and every date of hearing and whenever called upon to do so till the completion of the trial. 6. The petitioner is further directed not to take undue advantage of liberty or misuse liberty. It is made clear that the [2026:RJ-JP:21562] (3 of 3) [CRLMB-6914/2026] observations as made by this Court in the bail application will not affect trial of the case. The petitioner shall mark his presence before the concerned SHO of the Police Station twice a month for the entire period of the trial. The SHO shall maintain register to mark presence of the petitioner. In case the petitioner fail to appear twice in any month then the same shall be considered as breach and the bail shall stands canceled automatically without further reference to the Court. 7. It is further directed that in case, the petitioner is found to be involved in any case of NDPS Act during pendency of the trial, learned Public prosecutor shall file an application for cancellation of the bail. (RAVI CHIRANIA),J 31/Dushyant