[Cites 5, Cited by 0]
Rajasthan High Court - Jodhpur
Kalu Ram vs State Of Rajasthan (2026:Rj-Jd:6382) on 4 February, 2026
Author: Kuldeep Mathur
Bench: Kuldeep Mathur
[2026:RJ-JD:6382]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous 2nd Bail Application No. 6727/2025
Veer Singh S/o Shri Jay Singh, Aged About 28 Years, R/o Bhagal
Safeta (Pachpadara), Bhinmal Ps District Jalore. (Lodged In
District Jail, Chittorgarh)
----Petitioner
Versus
State Of Rajasthan, Through PP
----Respondent
Connected With
S.B. Criminal Miscellaneous 2nd Bail Application No. 6728/2025
Kalu Ram S/o Shri Narsa Ram, Aged About 30 Years, R/o Vera
Jalotra Sayala, Sayala Ps District Jalore. (Lodged In District Jail,
Chittorgarh)
----Petitioner
Versus
State Of Rajasthan, Through PP
----Respondent
For Petitioner(s) : Mr. Vijay Raj Bishnoi.
For Respondent(s) : Mr. Surendra Bishnoi, PP.
HON'BLE MR. JUSTICE KULDEEP MATHUR
Order
04/02/2026
These applications for bail under Section 483 BNSS have
been filed by the petitioners who have been arrested in connection
with FIR No.553/2024 registered at Police Station Kotwali
Nimbahera, District Chittorgarh, for offences punishable under
Sections 8/18 and 8/22 of the NDPS Act.
Learned counsel submitted that as per the prosecution,
during nakabandi, on 22.11.2024, a team of Nimbahera
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apprehended a white coloured Scorpio vehicle having registration
No.RJ-21-UB-1800 which was being driven by the petitioner Veer
Singh and the petitioner Kalu Ram was sitting beside him. On
search being made, the team recovered contraband (MDMA)
weighing 90 gms. and opium weighing 50 gms. The petitioners
were arrested on the spot.
Learned counsel for the petitioners submitted that the
petitioners have been falsely implicated in this case. Learned
counsel submitted that the petitioners are in judicial custody since
22.11.2024. He further submitted that out of total 19 cited
prosecution witnesses, only 2 prosecution witnesses have been
examined before competent Criminal Court. He further submitted
that the delay in trial is not at all attributable to the petitioners.
He submitted that the petitioners are in judicial custody since last
more than 1 year 2 months and looking to the pace at which trial
is being conducted against the present petitioners, the same is not
likely to be concluded in near future.
In support of their contention, learned counsel for the
petitioners placed reliance on the cases of Rabi Prakash Vs.
State of Orisa (Leave to Appeal (Criminal) No.4169/2023
and Mohd Muslim @ Hussain Vs. State (NCT of Delhi) in
Special Leave Petition (Crl.) No(s).915 of 2023.
On these grounds, they implored the Court to enlarge the
petitioners on bail.
Per contra, learned Public Prosecutor has vehemently
opposed the bail applications and submitted that petitioners are
facing trial for the offence under the NDPS Act and, therefore, the
present bail applications deserve to be rejected straightway.
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Learned Public Prosecutor, however, was not in position to refute
the fact that in last more than 1 year 2 months, out of total 19
cited prosecution witnesses, only 2 witnesses have been examined
till date.
Heard learned counsel for the petitioners and the learned Public
Prosecutor. Perused the material available on record.
Having considered the rival submissions, facts and
circumstances of the case and considering the fact that the
petitioners have suffered incarceration for last more than 1 year 2
months and out of total 19 cited prosecution witnesses, only 2
witnesses have been examined till date, without expressing any
opinion on merits/demerits of the case, this Court is of the opinion
that the bail applications filed by the petitioners deserve to be
accepted.
Accordingly, these bail applications under Section 483 BNSS
are allowed and it is ordered that the accused-petitioners- (1)
Veer Singh S/o Shri Jay Singh and (2) Kalu Ram S/o Shri
Narsa Ram shall be enlarged on bail in connection with FIR
No.553/2024 registered at Police Station Kotwali Nimbahera,
District Chittorgarh, provided each of them furnishes a personal
bond in the sum of Rs.1,00,000/- with two sureties of Rs.50,000/-
each to the satisfaction of the learned trial Judge for their
appearance before the court concerned on all the dates of hearing
as and when called upon to so.
In case, the petitioners remain absent on any date of
hearing or make an attempt to delay the trial by seeking
unnecessary adjournments, it shall be taken as a misuse of
concession of bail granted to them by this Court. The
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prosecution, in such a situation, shall be at liberty to move
an application seeking cancellation of bail granted to the
petitioners today by this Court.
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.
A copy of this order be placed in each file.
(KULDEEP MATHUR),J
220-Tikam/-
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