Citation : 2026 Latest Caselaw 5753 Raj
Judgement Date : 13 April, 2026
[2026:RJ-JD:17213]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 4456/2026
Shishpal S/o Babu Ram, Aged About 33 Years, Resident Of Mulaniyo Ki
Dhani, Tehsil Osian, Sirmandi, District Jodhpur, 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. Urja Ram, PP
HON'BLE DR. JUSTICE NUPUR BHATI
Order
13/04/2026
1. Heard learned counsel for the parties as well as perused the
material available on record.
2. The instant bail application has been filed by petitioner under
Section 483 B.N.S.S. in connection with FIR No.353/2025 dated
20.11.2025 registered at Police Station Rajiyasar, District Sriganganagar
for the offence under Sections 8/15, 25, 29 of the NDPS Act.
3. Learned counsel for the petitioner submits that the petitioner has
been falsely implicated in the present case. He submits that 24 kg 962
grams of poppy straw was recovered from the conscious possession of
the co-accused, Manpreet Singh and Pushpendra Singh, who have
already been enlarged on bail by a Co-ordinate Bench of this Court vide
order dated 21.01.2026 passed in S.B. Cr. Misc. Bail No. 15357/2025,
and the quantity recovered is below the commercial quantity.
He further submits that on the basis of the disclosure statements of the
aforesaid co-accused, wherein it has been alleged that the petitioner
had supplied the said contraband to them, which is not admissible in
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[2026:RJ-JD:17213] (2 of 2) [CRLMB-4456/2026]
evidence. He also submits that the petitioner has no previous criminal
antecedents and, therefore, deserves to be enlarged on bail.
4. Per contra, learned Public Prosecutor opposes the bail application;
however, he is not in a position to controvert the submissions advanced
by learned counsel for the petitioner that the contraband was recovered
from the conscious possession of the co-accused, Manpreet Singh and
Puspendra Singh, who have already been enlarged on bail by a Co-
ordinate Bench of this Court. He is also not in a position to refute that
the petitioner has been made accused on the basis of disclosure
statement of said co-accused, which is not admissible in evidence and
the quantity of contraband recovered is below commercial quantity, and
that petitioner has no previous criminal antecedents.
5. In view of above and, having regard to the entirety of facts and
circumstances of the case as available on record and looking to the fact
that the trial will consume time and without expressing any opinion on
the merits/demerits of the case, this Court is of the opinion that the
petitioners deserves to be released on bail.
6. Accordingly, the bail application under Section 483 B.N.S.S. is
allowed and it is ordered that the accused-petitioner- Shishpal S/o
Babu Ram, arrested in relation to FIR No.353/2025 dated 20.11.2025
registered at Police Station Rajiyasar, District Sriganganagar shall be
enlarged on bail provided he furnishes furnishe a personal bond in sum
of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction
of the learned trial Judge for his appearance before the Court concerned
on all the dates of hearing as and when called upon to do so.
(DR.NUPUR BHATI),J SURABHII/127-
(Uploaded on 13/04/2026 at 02:44:47 PM)
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