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Rajasthan High Court - Jodhpur
Bhakar Ram vs State Of Rajasthan (2026:Rj-Jd:15068) on 2 April, 2026
[2026:RJ-JD:15068]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 2068/2026
Bhakar Ram S/o Birma Ram Bishnoi, Aged About 40 Years, R/o
Jariya Ekalkhori, Police Station Osian, District Jodhpur. (Presently
Under Judicial Custody In Central Jail, Chittorgarh)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Sanjay Bishnoi
Mr. Ramprakash Dudi
For Respondent(s) : Mr. Sriram Choudhary, PP
HON'BLE MR. JUSTICE SANDEEP SHAH
Order
02/04/2026
1. The applicant has filed the present bail application being
aggrieved against the order dated 29.01.2026 passed by the
learned Special Judge, NDPS Cases No.2, District Chittorgarh, in
Session Case No.01/2018 (CIS No.91/2026), whereby the bail
application filed by the accused-applicant under Section 483 of
B.N.S.S. was rejected. The accused-applicant is behind the bars,
pursuant to the F.I.R. No.163/2018 registered at Police Station
Sadar Nimbahera, District Chittorgarh, Rajasthan for the offences
punishable under Sections 8 & 15 of NDPS Act.
2. Heard learned counsel for the applicant as well as learned
Public Prosecutor and perused the material available on record.
3. Learned counsel for the applicant submits that the main
accused Rajuram has already been enlarged on bail by this Court
vide order dated 21.05.2019 passed in S.B. Criminal Misc. 2 nd Bail
Application No.5911/2019 (Rajuram v. State). He further submits
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that the present applicant has been implicated solely on the basis
of information given by the co-accused Rajuram under Section 27
of the Evidence Act, 1872. He further submits that there is no
connecting call details or other evidence to connect the applicant
with the offence in question or with the allegation of being the
actual owner of the contraband in question. He further submits
that even in the FIR, when Rajuram was apprehended along with
contraband, he did not name the present applicant. He further
submits that except for information given by the co-accused
Rajuram, under Section 27 of the Evidence Act, 1872, there is no
connecting link to implicate the applicant. He further submits that
the applicant is behind the bars since 23.01.2026. Therefore, he
prays that the benefit of bail may be granted to the accused-
applicant.
4. Per contra, learned Public Prosecutor opposes the bail
application and submits that considering the huge quantity of
contraband recovered, the applicant does not deserve to be
enlarged on bail. However, he is not in a position to dispute the
fact that the main accused Rajuram has already been enlarged on
bail by this Court vide order dated 21.05.2019.
5. I have considered the rival submissions, facts and
circumstances of the case, more particularly the fact that main
accused Rajuram has already been enlarged on bail by this Court
vide order dated 21.05.2019 in S.B. Criminal Misc. 2 nd Bail
Application No.5911/2019 (Rajuram v. State) in the following
terms:-
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"Heard learned counsel for the petitioner as well as learned
Public Prosecutor and also perused the material on record.
The petitioner has been arrested in connection with FIR
No.163/2018 of Police Station Nimbahera Sadar, District Chittorgarh
for the offences punishable under Sections 8/15 NDPS Act. He has
preferred this bail application under Section 439 Cr.P.C.
Learned counsel for the petitioner has submitted that it is
clear from the statements of Sanjay Sharma (PW-5), the then
S.H.O. of Police Station, Sadar Nimbahera, District Chittorgarh that
36 bags containing poppy husk were seized by the police and the
Seizure Officer first took 100 gms of poppy husk from each bag then
he mixed the said poppy husk and thereafter took two samples of
500 gms each from that mixture. Thus, it is clear that the Seizure
Officer did not collect separate samples from each bag. It is also
submitted that the I.O. has not stated that the test by the U.N. Kit
was carried out on each bag before taking small quantity of poppy
husk for samples.
Learned counsel for the petitioner while placing reliance on
the decision of this Court rendered in the case of Netram Vs. State
of Rajasthan, reported in 2014(1) Cr.L.R. (Raj.) 163 has argued
that this Court has held that if the samples from each bag
containing poppy husk/poppy straw have not been collected and
test by U.N. Kit has not been conducted on each bag and if the
Seizure Officer has taken out some quantity of narcotic drug from
each bag and after mixing the same has taken out some portion for
sample, then, the same is not in conformity with the Standing
Instruction No.1/88 issued by the Narcotics Control Bureau, New
Delhi, particularly, Instruction No.1.7 and, as such, it cannot be said
that the narcotic contraband recovered in the matter is of
commercial quantity or above. It is, thus, prayed that the petitioner
may kindly be enlarged on bail.
Learned Public Prosecutor has opposed the bail application.
Having considered the overall facts and circumstances of the
case and substantial grounds taken in this bail application and
taking into consideration the judgment passed by this Court in
Netram's case (supra) and taking into consideration the fact that
trial of the case is likely to take time, this Court is inclined to grant
bail to the petitioner.
Accordingly, this bail application filed under Sec.439 Cr.P.C. is
allowed and it is directed that petitioner Rajuram S/o Bhanwar Lal
Bishnoi shall be released on bail in connection with FIR No.163/2018
of Police Station Nimbahera Sadar, District Chittorgarh provided he
executes a personal bond in a sum of Rs.50,000/- with two sound
and solvent sureties of Rs.25,000/- each to the satisfaction of
learned trial court for his appearance before that court on each and
every date of hearing and whenever called upon to do so till the
completion of the trial."
6. Also considering the factum that in the case in hand, as per
the FIR, during the course of vigil/blockade, the police officials,
upon seeing a TATA truck having No. Rj 19 GE 4285, by way of
gesture from the hand, signalled the truck driver to stop. Instead
of stopping, the truck driver accelerated the truck, however, due
to the barrier, he could not take the truck ahead. Upon being
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intercepted, he attempted to escape but the police apprehended
him. On enquiry, he disclosed his name as Rajuram.
7. As per the FIR, notices were given to two independent
witnesses and thereafter the recovery was undertaken wherein
upon recovery, total 36 sacks containing a certain substance were
found. Upon opening the sacks, it was discovered that they
contained poppy husk. As per the FIR, the weight was taken from
various sacks and allegedly all requisite procedures were followed.
Upon being questioned, the main accused, Rajuram, did not reveal
anything and was subsequently arrested. It was later on, that the
main accused Rajuram in his alleged statement under Section 27
of the Evidence Act, 1872, stated that the narcotic substance
belonged to the present applicant.
8. As far as the present applicant is concerned, there is no
connecting link to connect the applicant except the information
given by Rajuram under Section 27 of the Evidence Act, 1872. The
investigating authorities have not obtained any call details or
connecting link between the main accused Rajuram and the
present applicant to connect the present applicant with the alleged
information. More particulary, since Rajuram himself has already
been enlarged on bail, there is no justification for keeping the
applicant behind the bars. Thus, without expressing any opinion
on merits/demerits of the case, this Court is inclined to enlarge
the applicant on bail.
9. Consequently, the bail application under Section 483
B.N.S.S. is allowed. It is ordered that the accused-applicant
Bhakar Ram S/o Birma Ram Bishnoi arrested in connection
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with F.I.R. No.163/2018 registered at Police Station Sadar
Nimbahera, District Chittorgarh, Rajasthan shall be released on
bail, if not wanted in any other case, provided he furnishes a
personal bond of Rs.50,000/- and two sureties of Rs.25,000/-
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.
10. It is however, made clear that findings recorded/observations
made above are for limited purposes of adjudication of bail
application. The trial court shall not get prejudiced by the same.
(SANDEEP SHAH),J
47-Love/-
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