Extracted from the PDF above. The PDF is authoritative.
[2026:RJ-JP:22763] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 6164/2026 Hemchand @ Hemant, Aged About 24 Years, R/o Dungargaon Tapri, P.S. Balta Dist. Jhalawar (Raj.) (At Present Confined In Dist. Jail, Baran (Raj.)) ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Mukesh Sharma For Respondent(s) : Mr. Vijay Singh Yadav, PP Mr. Onkar Singh Rajpurohit, PP Mr. Vinod Kumar, SHO Mangrol, Barah HON'BLE MR. JUSTICE RAVI CHIRANIA
Order
1. Date of conclusion of arguments 27.05.2026
2. Date on which the order was reserved 27.05.2026
3. Whether the full order or only operative part is pronounced Full
4. Date of pronouncement 01.06.2026
1. The instant bail application has been filed under Section 483 of BNSS by the petitioner Hemchand @ Hemant, who was arrested by the police in connection with the FIR No.36/2026 dated 03.02.2026 registered at Police Station Anta, District Baran for the offences punishable under Sections 8, 21 and 30 of the NDPS Act, 1985 and Section 27 of Drugs and Cosmetics Act, 1940. The petitioner first approached the learned Trial Court which rejected his bail application by order impugned dated 09.04.2026.
2.
Learned counsel for the petitioner submitted that the police after conducting the investigation has filed the charge-sheet on 02.04.2026 and therefore, the investigation is complete. He further submitted that no recovery is required to be made from
[2026:RJ-JP:22763] (2 of 2) [CRLMB-6164/2026] the petitioner and he has no criminal antecedent of any nature. Counsel also submitted that as far as the facts of the case are concerned, alleged recovery was made from one Lekhraj and not from the petitioner. In view thereof, he submitted that the petitioner deserves to be enlarged on bail.
3. Learned Public Prosecutor along with the Investigating Officer as present strongly opposed the bail application.
4. Heard learned counsel for the parties.
5. This Court, after considering the contents of the FIR as well as the chargesheet as filed in this case, noted that the instant case was registered for the offences under Sections 8, 21 and 30 of the NDPS Act, 1985 and Section 27 of Drugs and Cosmetics Act, 1940. The petitioner and the other accused persons have formed a group in which they purchase and sell narcotic substance and Avil injections which is used for injecting the narcotic substance in the body. Though the petitioner is having allegation of Section 8/29 of the NDPS Act, however considering the quantity as recovered, i.e, smack quantified as 11.50 gms and 48 Avil injections (from accused Lekhraj), 23 Avil injections and 9.17 mg smack (from accused Surendra), this Court is not inclined to enlarge the present petitioner on bail.
6. Consequently, the instant bail application preferred on behalf of the petitioner is dismissed, however the petitioner is granted liberty to file a fresh bail application after recording of the statements of Investigating Officer and Seizing Officer.
(RAVI CHIRANIA),J 49/RAHUL KUMAR