Dismissed¶22

Mahesh @ Nakad S/O Chinga Saini v. State of Rajasthan

Rajasthan HC12 Aug 2025CRLMB/9121/2025

Case brief

AI extract

What is this about?

Mahesh @ Nakad bail dismissed; S.B. Criminal Miscellaneous Bail Application No. 9121/2025; Rajasthan High Court Jaipur Bench; Justice Praveer Bhatnagar; 12/08/2025; Section 483 BNSS; Section 8/21 NDPS Act; FIR No.248/2024 Police Station Nayi Mandi Hindaun District Karauli; smack 5 grams 22 mgs below commercial quantity; habitual offender 9 NDPS cases; FIR No.293/2024 smack 14 grams 93 mgs; Co-ordinate Bench bail Application No.14821/2024 dated 08.07.2025; Anil Kumar Shukla for petitioner; Manvendra Singh PP for State.

What did the court decide?

On a perusal of the record, the petitioner is continuously involved in commission of offence under provision(s) of the NDPS Act from year 2017 up to year 2024. ¶21

Mahesh @ Nakad S/O Chinga Saini Vs State of Rajasthan — Narcotics (NDPS) | Rajasthan HC (2025)

What the court decided

AI extract

Outcome

Dismissed

¶22

Issue for consideration

Whether bail under Section 483 BNSS should be granted to accused-petitioner Mahesh @ Nakad, who has been arrested in connection with FIR No.248/2024 (Police Station Nayi Mandi Hindaun, District Karauli) for offence(s) under Section 8/21 of NDPS Act. +1 more

¶13

Ratio / Principle

On a perusal of the record, the petitioner is continuously involved in commission of offence under provision(s) of the NDPS Act from year 2017 up to year 2024.

¶21

Key takeaways

Even after registration of the present FIR against the petitioner, another FIR No.293/2024 was registered, whereby 14 grams 93 mgs of smack was recovered from the petitioner's possession.ratio¶21
The criminal record of the petitioner disentitles him for grant of bail, and the Court is not inclined to enlarge the accused-petitioner on bail.ratio¶21

Detailed headnote1 paragraphs

Bail — dismissed. S.B. Criminal Miscellaneous Bail Application No. 9121/2025, High Court of Judicature for Rajasthan (Jaipur Bench), decided 12/08/2025 by Hon'ble Mr. Justice Praveer Bhatnagar (single judge). Accused-petitioner Mahesh @ Nakad S/o Chinga Saini, confined at Sub Jail Hindaun City, filed the application under Section 483 BNSS after arrest in FIR No.248/2024 of Police Station Nayi Mandi Hindaun, District Karauli, for offence(s) under Section 8/21 of NDPS Act; counsel stated he was in custody since 20.05.2024, that the recovered smack measured 5 grams 22 mgs (below commercial quantity), that the impugned order dated 03.07.2025 concerned Section 8/29 NDPS Act, and that a Co-ordinate Bench had allowed bail in S.B. Criminal Miscellaneous Bail Application No.14821/2024 (FIR No.293/2024) on 08.07.2025. The Public Prosecutor opposed, citing 9 pending NDPS cases. The Court found the petitioner continuously involved in NDPS offences from 2017 up to 2024, noted that even after this FIR another FIR No.293/2024 resulted in recovery of 14 grams 93 mgs smack from him, concluded his criminal record disentitled him to bail, and dismissed the bail application.

¶1

[2025:RJ-JP:31209]

¶2

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

¶3

S.B. Criminal Miscellaneous Bail Application No. 9121/2025

¶4

Mahesh @ Nakad S/o Chinga Saini, Aged About 42 Years, R/o Malipada, Keshavpura, P.S. Hindaun City District Karauli (Raj.) (Confined At Sub Jail Hindaun City).

¶5

----Petitioner

¶6

Versus

¶7

State Of Rajasthan, Through PP

¶8

----Respondent

¶9

For Petitioner(s) : Mr. Anil Kumar Shukla For Respondent(s) : Mr. Manvendra Singh, PP

¶10

HON'BLE MR. JUSTICE PRAVEER BHATNAGAR

¶11

Order

¶12

12/08/2025

¶13

The instant bail application has been filed under Section 483 BNSS on behalf of accused-petitioner. The petitioner has been arrested in connection with FIR No.248/2024 registered at Police Station Nayi Mandi Hindaun, District Karauli for the offence(s) under Section 8/21 of NDPS Act.

¶14

Learned counsel for the accused-petitioner submits that the accused-petitioner has falsely been implicated in this case. He further submits that the petitioner is in custody since 20.05.2024. The alleged quantity of smack recovered from the petitioner's possession is 5 grams and 22 mgs, which is below commercial quantity. The allegation shown against the petitioner in the impugned order on 03.07.2025 pertains to Section 8/29 of NDPS Act. The Co-ordinate Bench vide its order dated 08.07.2025 has also allowed the petitioner's bail in S.B. criminal misc. bail

(2 of 2)

[2025:RJ-JP:31209]

[CRLMB-9121/2025]

application No.14821/2024, registered at Police Station Hindaun in FIR No.293/2024, therefore, the bail application of the accusedpetitioner may be allowed.

¶19

Learned Public Prosecutor has vehemently opposed the grant of bail application and contended that the accused-petitioner is a habitual offender and against him, 9 criminal cases under various provisions of NDPS Act are pending, therefore, the bail application of the accused-petitioner may be dismissed.

¶20

Heard and perused the material available on record.

¶21

The record of the petitioner shows that petitioner is continuously involved in commission of offence under various provision of NDPS Act from year 2017 to upto year 2024. Even after registration of this FIR against the petitioner, another FIR No.293/2024 was registered, whereby 14 grams 93 mgs smack was recovered from the petitioner's possession, the criminal record of the petitioner disentitle him for grant of bail, therefore, I am not inclined to enlarge the accused-petitioner on bail.

¶22

Hence, the criminal misc. bail application of the accusedpetitioner is hereby dismissed.

¶23

(PRAVEER BHATNAGAR),J

¶24

Keshav/5

Mahesh @ Nakad S/O Chinga Saini v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Mahesh @ Nakad S/O Chinga Saini v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

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