Rajasthan High Court - Jodhpur
Het Ram Bishnoi vs State Of Rajasthan (2025:Rj-Jd:51567) on 27 November, 2025
[2025:RJ-JD:51567]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 7209/2025
Het Ram Bishnoi S/o Ram Rakh Bishnoi, Aged About 30 Years, R/
o Shakti Nagar Panchayat Vijaynagar Naneu Ps Jambha District
Phalodi Rajasthan (At Present Lodged In Sub Jail Suratgarh)
----Petitioner
Versus
State Of Rajasthan, Through PP
----Respondent
For Petitioner(s) : Mr. SR Godara
For Respondent(s) : Mr. Surendra Bishnoi, PP
HON'BLE MR. JUSTICE MUKESH RAJPUROHIT
Order
27/11/2025
This application for bail under Section 483 of BNSS (439
Cr.P.C.) has been filed by the petitioner who has been arrested in
the present matter. The requisite details of the matter are
tabulated herein below:
S. No. Particulars of the case
2. Police Station Rajiasar
3. District Sri Ganganagar
4. Offences alleged in the FIR Under Sections 8/15 and
25 of NDPS Act
5. Offences added, if any -
Learned counsel for the petitioner submits that the petitioner
has been falsely implicated in the present case. It is contended
that the recovery of alleged narcotic contraband was made on
29.07.2023 but the samples of the same were sent for FSL
examination on 22.08.2023 i.e. after an inordinate delay of
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around 24 days, therefore, the possibility of samples being
tempered with, cannot be brushed aside and the benefit of doubt
should be granted to the accused-petitioner. He also submits that
the contraband recovered in this matter is 100 kg poppy straw
which is above the commercial quantity. It is further submitted
that as per the FIR, the alleged recovery was effected in the
morning and as per provisions of Section 42 of the Act, it is
mandatory to obtain authorization from competent authority for
search and seizure but the same were not complied with in the
present case.
Learned counsel for the petitioner has placed reliance on the
judgment rendered in Rambabu v. State of Rajasthan (SLP (Crl.)
No. 5648/2025 and SLP (Crl.) No. 5732/2025), decided on
13.08.2025, wherein relief was granted considering the delay and
lack of substantive evidence.
It is also submitted that the charge-sheet has already been
filed; the petitioner is in judicial custody since 05.02.2025 and the
trial of the case will take significant time, therefore, the benefit of
bail may be granted to the accused-petitioner.
Per contra, learned Public Prosecutor has vehemently
opposed the bail application but he is not in position to refute the
fact that the recovery of alleged narcotic contraband was made on
29.07.2023 but the samples of the same were sent for FSL
examination on 22.08.2023.
Having heard and considered the rival submissions, facts and
circumstances of the case as well as perused the material
available on record; considering the fact that the FSL samples
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were not sent for FSL examination within 72 hours as mandated
by Clause 1.13 of Standing Order No.1/1988 dated 15.03.1988,
the petitioner is in custody since 05.02.2025 and the trial will take
long time to conclude, without expressing any opinion on
merits/demerits of the case, this Court is inclined to enlarge the
petitioner on bail.
Consequently, the bail application under Section 483 of BNSS
(439 Cr.P.C.) is allowed. It is ordered that the accused-petitioner
as named in the cause title, arrested in connection with the above
mentioned FIR, shall be released on bail, if not wanted in any
other case, provided he furnishes a personal bond of
Rs.1,00,000/- and two sureties of Rs.50,000/- each, to the
satisfaction of learned trial court, for his appearance before that
court on each & every date of hearing and whenever called upon
to do so till completion of the trial.
(MUKESH RAJPUROHIT),J
19-/Jitender//-
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