Citation : 2026 Latest Caselaw 2368 Raj
Judgement Date : 13 February, 2026
[2026:RJ-JD:8236]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 13492/2025
Vijay Dhaker @ Vijay Raj S/o Laxmilal Dhaker, Aged About 32
Years, Resident of Motipura P.S. Jalodajagir, District Pratapgarh
Raj. (Presently Lodged In District Jail Chittorgarh)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Zeeshan Ali
Mr. Aslam Khan
For Respondent(s) : Mr. Sameer Pareek, PP
HON'BLE MR. JUSTICE PRAMIL KUMAR MATHUR
Order 13/02/2026
1. The petitioner has filed this bail application under Section
483 of BNSS in FIR No.141/2023 registered at Police Station
Dungla, District Chittorgarh for offence under Sections 8/15, 29 of
NDPS Act.
2. Heard learned counsel for the petitioner as well as learned
Public Prosecutor and perused the material available on record.
3. Learned counsel for the petitioner submits that the petitioner
has falsely been implicated in this case. He further submits that
the allegation against the petitioner is only for supplying the
contraband recovered from the conscious possession of the co-
accused Ishwar Singh which is 133.250 Kg. Poppy-straw. He again
submits that nothing has been recovered from the conscious
possession of the present petitioner. The prime accused Ishwar
Singh has been enlarged on bail by a Coordinate Bench of this
Court on 28.11.2024. He also submits that there is no call detail
on relevant date between the present petitioner and prime
(Uploaded on 13/02/2026 at 04:15:50 PM)
[2026:RJ-JD:8236] (2 of 2) [CRLMB-13492/2025]
accused. Though call detail has been collected by the Investigation
Officer which but that pertains around 20 days prior to the date of
incident i.e. 14.09.2023, and therefore, no relevancy or
connectivity may be presumed on the date of occurrence.
Therefore, provisions of Section 37 of NDPS Act are not attracted
in this case. He again submits that the petitioner is behind the
bars since 13.10.2025 without any criminal past and charge-sheet
has been filed. The trial of the case may take considerable time
and no further custodial interrogation is required, hence on the
ground of parity, the bail application of the petitioner may be
allowed.
4. Learned Public Prosecutor has vehemently opposed the bail
application.
5. On consideration of the rival submissions and material
available on record and in the light of submission made by learned
counsel for the petitioner especially on the ground of parity but
without expressing any opinion on merits/demerits of the case, I
am inclined to grant benefit of bail to the petitioner.
6. Consequently, the bail application under Section 483
B.N.S.S. is allowed and it is directed that the petitioner Vijay
Dhaker @ Vijay Raj S/o Laxmilal Dhaker, be released on bail
provided he furnishes a personal bond in the sum of Rs.50,000/-
with two sureties in the sum of Rs.25,000/- each to the
satisfaction of the learned trial court with the stipulation that he
shall appear before that Court on all subsequent dates of hearing
till conclusion of the trial.
(PRAMIL KUMAR MATHUR),J 19-amit/-
(Uploaded on 13/02/2026 at 04:15:50 PM)
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