MAHADEV v. STATE OF RAJASTHAN
Court: High Court of Rajasthan
Bench: BALJINDER SINGH SANDHU
Judgment date:
Case summary
High Court of Rajasthan judgment dated 2026-08-05. MAHADEV v. STATE OF RAJASTHAN. Read the judgment and case details on LawSphereX.
Judgment text
[2026:RJ-JP:37083] HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S. B. Criminal Miscellaneous Bail Application No. 10175/2026 CNR: RJHC010771492026 | URN: CRLMB / 22299U / 2026 Mahadev S/o Manohar, Aged About 25 Years, Resident Of Lambajatan, Police Station Gotan District Nagaur. (At Present Lodged In Sub Jail, Merta. ) ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent Connected With S. B. Criminal Miscellaneous Bail Application No. 10176/2026 CNR: RJHC010771882026 | URN: CRLMB / 22300U / 2026 Aslam S/o Akbar, Aged About 21 Years, Resident Of Lamba Jatan, Police Station Gotan District Nagaur. (At Present Lodged In Sub Jail, Merta. ) ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Sunil Bishnoi For Respondent(s) : Mr. Hanuman Prajapati, PP HON'BLE MR. JUSTICE BALJINDER SINGH SANDHU Order 05/08/2026 Heard learned counsel for the parties, and perused the material available on record.
The petitioners have been arrested in connection with FIR No. 87/2026 of Police Station Merta Road (Nagaur), District Nagaur for the offences punishable under Sections 8/21 of NDPS Act. They have preferred these bail applications under Section 483 of BNSS. [2026:RJ-JP:37083] (2 of 3) [CRLMB-10175/2026] Learned counsel for the petitioners submits that the petitioners have been falsely implicated in the present cases. He further submits that the narcotic contraband allegedly recovered comprises 15. 95 grams of smack from petitioner Mahadev and 12. 69 grams of smack from co-accused Aslam, both of which are below the commercial quantity prescribed under the NDPS Act. It is further submitted that the petitioners have no criminal antecedents and have been in judicial custody since 19. 07. 2026. It is also submitted that the conclusion of the trial is likely to take a considerable amount of time. It is, therefore, prayed that the petitioners may be enlarged on bail.
Per contra, learned Public Prosecutor has vehemently opposed the bail application. This Court has considered the arguments advanced by learned counsel for the petitioners. The narcotic contraband allegedly recovered in the present case comprises 15. 95 grams of smack from petitioner Mahadev and 12. 69 grams of smack from co-accused Aslam, both of which are below the commercial quantity prescribed under the NDPS Act. The petitioners have no criminal antecedents and have been in judicial custody since 19. 07. 2026.
Hence, keeping in view of the fact that conclusion of the trial of the case is likely to take time; the narcotic contraband alleged to be recovered from the petitioners is below commercial quantity and the prosecution has not shown any apprehension of the petitioners fleeing away from justice, in case they are enlarged on bail and without expressing any opinion on the merits of the case, [2026:RJ-JP:37083] (3 of 3) [CRLMB-10175/2026] this Court deems it just and proper to grant bail to the petitioners under Section 483 of BNSS. Accordingly, these bail applications filed under Section 483 of BNSS is allowed and it is directed that petitioner –Mahadev S/o Manohar and Aslam S/o Akbar shall be released on bail in connection with aforesaid FIR, if not wanted in any other case, provided each of them executes a personal bond in the sum of Rs. 1,00,000/- with two sound and solvent sureties of Rs.
50,000/-each 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. (BALJINDER SINGH SANDHU),J 60/Deepak
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