[Cites 5, Cited by 0]

Rajasthan High Court - Jodhpur

Naresh vs State Of Rajasthan (2026:Rj-Jd:9077) on 18 February, 2026

Author: Kuldeep Mathur

Bench: Kuldeep Mathur

[2026:RJ-JD:9077]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
  S.B. Criminal Miscellaneous II Bail Application No. 14440/2025

Naresh S/o Surajmal, Aged About 23 Years, Village Prabhuwala
Ps Uklana District Hisar Haryana (Lodged In Jail Churu)
                                                                  ----Petitioner
                                   Versus
State Of Rajasthan, Through Pp
                                                                ----Respondent


For Petitioner(s)        :     Mr. Vivek Aggarwal
For Respondent(s)        :     Mr. Narendra Gehlot, PP



            HON'BLE MR. JUSTICE KULDEEP MATHUR

Order

18/02/2026 This second application for bail under Section 483 BNSS (439

Cr.P.C.) has been filed by the petitioner who has been arrested in

connection with F.I.R. No.430/2023, registered at Police Station

Ratangarh, District Churu, for offences under Sections 8/15 & 8/29

of NDPS Act.

Learned counsel for the petitioner submitted that in the

present case, SHO, P.S. Ratangarh, District Churu acting upon a

secret information signalled one red coloured truck having

registration No.HR-62-A-3058 to stop. During search of the said

truck, a huge quantity of the contraband was recovered. The

petitioner was found sitting beside the driver Dharmpal with co-

accused Suresh in the cabin of the offending vehicle. Learned

counsel submitted that the statements of the Investigating Officer

have already been recorded before the competent criminal Court

as PW.2. The Investigating Officer during his Court statements has

stated that he had not found any material evidence during the

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investigation which would indicate that the petitioner had any

information or prior knowledge about the contraband (greater

than commercial quantity) being concealed and transported by the

co-accused Dharmpal in the offending vehicle.

Learned counsel submitted that the co-accused - Suresh

(S.B. Criminal Misc. II Bail Application No.3943/2025) has already

been enlarged on bail by this Court vide order dated 17.10.2025.

Learned counsel further submitted that the petitioner has been

made an accused in the present case solely on the basis of

conjectures and surmises without there being any

direct/circumstantial evidence available on record indicating the

involvement of the petitioner in commission of the alleged crime.

Lastly, learned counsel for the petitioner submitted that the

petitioner is in judicial custody and the trial of the case will take

sufficiently long time, therefore, the benefit of bail should be

granted to the accused-petitioner.

Per contra, learned Public Prosecutor has vehemently

opposed the bail application. However, he was not in a position to

refute the fact that the co-accused - Suresh has already been

enlarged on bail by this Court.

Heard learned counsel for the parties at Bar. Perused the

material available on record.

The order dated 17.10.2025 passed by this Court while

enlarging the co-accused Suresh on bail is reproduce here for

ready reference:

1. This second bail application under Section 483 of B.N.S.S. (439 Cr.P.C.) has been filed by the petitioner who has been arrested in connection with F.I.R. No.430/2023 registered at Police Station Ratangarh, District Churu, for offences under Sections 8/15 and 29 of the NDPS Act.

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2. Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.

3. Learned counsel for the petitioner submitted that the petitioner has been falsely implicated in the present case. Drawing attention of this Court towards the impugned FIR, challan papers and statements of the Seizure Officer (PW-1) so also Investigating Officer (PW-2) recorded before the competent Criminal Court, learned counsel for the petitioner submitted that in the present case, the SHO of Police Station Ratangarh, District Churu acting upon a secret information signaled one red colour truck bearing Registration No.HR-62-A-3058 to stop. During search of the said truck, huge quantity of contraband (poppy husk/straw) was recovered by the investigating agency. The petitioner was found sitting beside the driver Dharmpal in the cabin of the offending vehicle.

4. Learned counsel further submitted that statements of the investigating officer clearly indicates that during the course of investigation, no material evidence has been found by the investigating team which indicates that the petitioner had any information or prior knowledge about contraband (greater than commercial quantity) being concealed and transported by the co-accused Dharmpal in the offending vehicle. Learned counsel further submitted that the petitioner has been made accused in the present case solely on the basis of conjunctures and surmises without there being any direct / circumstantial evidence or witnesses available on record indicating commission of alleged crime.

5. Lastly, learned counsel submitted that the petitioner is in judicial custody; he does not have any criminal antecedent and the trial of the case will take sufficiently long time, therefore, the benefit of bail may be granted to the accused-petitioner.

6. Per contra, learned Public Prosecutor has opposed the bail application and submitted that in the present case, huge quantity of contraband was recovered from the conscious possession of the present petitioner and therefore, he does not deserve to be enlarged on bail.

7. The relevant portion of the statements of Investigating Officer (PW-2) recorded before the competent Criminal Court are reproduced herein below for ready reference:-

";g lgh gS fd eqyfte ujs'k ds c;ku izn'kZ ih 19 esa muds }kjk MksMk iksLr [kjhnus dk dksbZ vadu ugha gSA ;g lgh gS fd eq>s vius vuqla/kku ds nkSjku o vkjksih ujs'k ds /kkjk 67 ,uMhih,l ds dFku izn'kZ ih 19 ls ;g irk py x;k Fkk fd vkjksih ujs'k o lqjs'k }kjk MksMk iksLr [kjhn ds fy, dksbZ :i;s ugha fn, x, FksA ;g lgh gS fd esjs vuqla/kku ls eq>s ;g Hkh irk py x;k Fkk fd vkjksih ujs'k o lqjs"k MksMk iksLr foØsrk dks ugha tkurs Fks vkSj u gh bu nksuksa vkjksihx.k dh ml foØsrk ls Qksu ij dksbZ okrkZ gqbZ FkhA ;g Hkh lgh gS fd ujs'k o lqjs'k u rks Vªd ds pkyd Fks vkSj u gh Vªd ds ekfyd FksA ;g lgh gS fd vkjksih ujs'k o lqjs'k bl MksMk iksLr ds ekfyd ugha FksA ;g lgh gS fd mDr nksuksa O;fDr Vªd esa cSBs Fks] bl dkj.k bUgsa vkjksih cuk;k x;kA"

8. Having considered the rival submissions, facts and circumstances of the case so also the statements of Investigating Officer (PW-2) recorded before the competent Criminal Court, this Court prima facie finds that the argument of learned counsel for the petitioner that the petitioner had no information or prior knowledge about the contraband (greater than commercial quantity) being concealed and transported in the offending vehicle by the co-accused Dharmpal, cannot be brust aside at this stage. It is further prima facie finds that the petitioner does not have any criminal antecedents and learned Public Prosecutor has not shown any apprehension of the petitioner involving himself in a case of a similar nature or fleeing away from justice, in case he is enlarged on bail.

9. The twin condition enumerated under Section 37 of the NDPS Act are duly satisfied in the present case. Thus, without expressing any opinion on merits/demerits of the case, this Court is inclined to enlarge the petitioner on bail.

10. Consequently, this second bail application under Section 483 of B.N.S.S. (439 Cr.P.C.) is allowed. It is ordered that the accused-petitioner - Suresh S/ o Shri Thandiram arrested in connection with F.I.R. No.430/2023 registered at Police Station Ratangarh, District Churu, shall be released on bail, if not wanted in any other case, provided he furnishes a personal bond of Rs.1,00,000/- and two sureties of Rs.50,000/- each, to the satisfaction of

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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.".

Having considered the rival submissions, facts and

circumstances of the case so also the statements of the

Investigating Officer recorded before the competent criminal Court

as PW.2 and the fact that the co-accused - Suresh has already

been enlarged on bail by this Court vide order dated 17.10.2025,

this Court is inclined to enlarge the petitioner on bail.

Consequently, this second bail application under Section 483

BNSS (439 Cr.P.C.) is allowed. It is ordered that the accused-

petitioner- Naresh S/o Surajmal, arrested in connection with

F.I.R. No.430/2023, registered at Police Station Ratangarh, District

Churu, shall be released on bail, if not wanted in any other case,

provided he furnishes a personal bond of Rs.1,00,000/- and two