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2026 DAILYLAW 9620 (RAJ)

ROHIT S/O SHRI NAVAL SINGH v. STATE OF RAJASTHAN

CRLMB/9510/2026 · 2026-07-06

Ashok Kumar Jain

body2026

Judgment text

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[2026:RJ-JP:25215] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous 2nd Bail Application No. 9510/2026 URN: CRLMB / 17623U / 2026 Rohit S/o Shri Naval Singh, Aged About 26 Years, R/o Village Babroli, Post Nangal Pathani, District Rewari, Haryana, Presently Resident Of Gali No. 12, Gulabi Bagh, Ps Kankarwali, District Rewari, Haryana. (At Present Accused Petitioner Confined In Central Jail Jaipur) ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Surendra Singh Mr. Anoop Kumar For Respondent(s) : Mr. Vijay Singh Yadav, PP HON'BLE MR. JUSTICE ASHOK KUMAR JAIN (Through Video Conferencing) Order 06/07/2026 1. The present 2nd bail application under Section 483 of BNSS is filed by the applicant-accused Rohit S/o Shri Naval Singh, seeking bail in respect of a criminal case registered as FIR No.374/2026 dated 12.04.2026 registered at P.S. Shivdaspura, District – Jaipur City (South), for the offence under Sections 8/22 of NDPS Act. 2. Learned counsel for the applicant submits that the applicant has been falsely implicated in the matter and the investigation against him is complete and he is no more required in investigation. He further submits that there are [2026:RJ-JP:25215] (2 of 4) [CRLMB-9510/2026] no chance of fleeing of applicant accused from the jurisdiction of this Hon’ble Court. He also submits that the applicant undertakes not to repeat offence and cooperate with trial, which will take time. 3. Learned counsel for the petitioner submits that the petitioner is a student and he has just passed out a diploma in Pharmacy. He also submits that the recovered quantity is 6.85 gram of MDMA and same is less than commercial quantity. He also submits that there is no criminal antecedent against the petitioner and he is in custody since his arrest and charge sheet has already been filed. 4. Learned Public Prosecutor has vehemently opposed the bail application and submitted that the allegations are grave and serious in nature. 5. Heard learned counsel for the petitioner-accused and learned Public Prosecutor. Perused the material placed on record by both the parties. 6. The first bail application of the present petitioner was dismissed by this court on 04-05-2026, wherein we have observed as under:- “6. In the night of 11th/12th April, 2026 SHO, P.S. Shivdaspura, has received an information from a constable posted in CST Team about alleged possession of contraband. On the basis of information, when SHO reached near Capital Mall then present applicant was found as sitting in Bolero Car No. HR-35-5-3110 in suspicious condition. He was searched after serving a notice under Section 50 of NDPS Act. The police has recovered 6.85 grarns of smack in a plastic pouch and after the proceeding, police has registered an FIR No.374/2026 under Section 8/22 of NDPS Act. The police investigation in [2026:RJ-JP:25215] (3 of 4) [CRLMB-9510/2026] particular, and the interrogation note indicate that the drugs was procured with object to sale to young college students. As of today, the applicant is not a student, as he already passed out his professional course. 7. The recovered quantity is more than small, and less than commercial quantity, still, the FSL report is awaited. The interrogation note suggests that the applicant kept in possession the contraband with object to sale to young persons and with object to earn money. He is not entitled for bail, at least till completion of investigation and filing of charge-sheet.” 7. The police has recovered 6.85 gram of MDMA from possession of the present petitioner. Whether the compliance of mandatory provision under the NDPS Act is made or not is a subject matter of trial, but recovered contraband is a synthetic drug which has been used mainly by younger generation or in particular by students as drug of pleasure. 8. We have considered first bail application on merits on 04.05.2026, wherein we have observed that the petitioner is not entitled for bail at least till completion of investigation and filing of charge sheet. The material on record indicate that the recovered article is MDMA and the present petitioner has remained a student of professional course. The MDMA is mostly used by literate and professional community. Therefore, considering the involvement of the petitioner, I am of the considered view that the petitioner is not entitled for bail at this stage. 9. The facts and the material indicate that the alleged offence are of serious nature and role attributed to applicant is prima facie sufficient to consider complicity of applicant in the [2026:RJ-JP:25215] (4 of 4) [CRLMB-9510/2026] crime. Therefore, at this juncture, considering the evidence collected so far, this is not a fit case to enlarge the applicant accused on bail. 10. Considering the gravity of allegations and overall facts and circumstances of the case, it is appropriate to dismiss the bail application of the applicant accused at this stage. 11. Accordingly, the 2nd application for bail filed under Section 483 of BNSS preferred by the applicant-accused Rohit S/o Shri Naval Singh is hereby dismissed. (ASHOK KUMAR JAIN),J MR/7