Citation : 2026 Latest Caselaw 5307 Raj
Judgement Date : 7 April, 2026
[2026:RJ-JD:16084]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 3650/2026
Santosh Devi W/o Rajkumar Alias Raju, Aged About 22 Years,
Resident Of Ward No.12 Orki, Police Station Hindumalkot,
District Sriganganagar Raj (Lodged In Central Jail,
Sriganganagar)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
Connected With
S.B. Criminal Miscellaneous Bail Application No. 2415/2026
Rajkumar Alias Raju S/o Ramlal Bawri, Aged About 35 Years,
Residentof Ward No.12 Orki, Police Station Hindumalkot, Tehsil
And District Sriganganagar (Lodged In Central Jail,
Sriganganagar)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Tirupati Chandra
For Respondent(s) : Mr. U.R. Kalbi, PP
HON'BLE DR. JUSTICE NUPUR BHATI
Order
07/04/2026
1. These bail applications have been filed by the petitioners
under Section 483 BNSS who have been arrested in connection
with the FIR No.22/2026 dated 31.01.2026 registered at the Police
Station Hindumalkot District Ganga Nagar for the offences under
Sections 8/21 and 25 of the NDPS Act.
2. Counsel for the petitioners submits that the petitioners have
been falsely implicated in the present case while alleging that 9.11
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grams of contraband heroin (chitta) was recovered from petitioner
Rajkumar, and 6.77 grams from petitioner Santosh. He further
submits that both quantities are well below the commercial
quantity. Learned counsel further contends that petitioner-Santosh
has two prior criminal antecedents of similar nature, in which also,
the recovered contraband is also below commercial quantity;
likewise, petitioner-Rajkumar has one prior criminal antecedent of
similar nature, in which also, the contraband recovered weighs
below commercial quantity. He urges that with the charge-sheet
already filed, the petitioners deserve to be enlarged on bail.
3. Per contra, learned Public Prosecutor opposes the bail
application, however, is not in a position to refute the fact that the
contraband recovered from the petitioners [in the present case as
well as in the prior criminal antecedent(s)], weighs below
commercial quantity and also the fact that the charge-sheet has
been filed against the petitioners.
4. Having considered the submissions advanced at Bar by
learned counsel for the parties and having regard to the entirety
of facts and circumstances of the case as available on record; and
looking to the fact that trial will take a long time to conclude and,
without expressing any opinion on the merits/demerits of the
case, this Court deems it fit to enlarge the petitioners on bail.
5. Consequently, these bail applications are allowed. It is
ordered that the accused petitioners viz. (1) Santosh Devi W/o
Rajkumar Alias Raju and (2) Rajkumar Alias Raju S/o
Ramlal Bawri arrested in connection with FIR No.22/2026 dated
31.01.2026 registered at the Police Station Hindumalkot District
Ganga Nagar, shall be released on bail; provided each of them
furnishes a personal bond in the sum of Rs.50,000/- and two
sureties of Rs.25,000/- each to the satisfaction of the learned trial
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Court, with a stipulation to appear before that Court on all dates
of hearing and as and when called upon to do so.
(DR.NUPUR BHATI),J
203 & 205-/Devesh/-
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