Citation : 2026 Latest Caselaw 2971 Raj
Judgement Date : 23 February, 2026
[2026:RJ-JD:9547]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 9932/2025
Chandan Singh S/o Bhanwar Singh, Aged About 66 Years,
Resident Of Myajlar, At Present Vishnu Colony, Barmer, Tehsil
And District Barmer. (At Present Lodged In District Jail, Barmer)
----Petitioner
Versus
State Of Rajasthan, Through Public Prosecutor.
----Respondent
Connected With
S.B. Criminal Miscellaneous Bail Application No. 534/2026
Shankar Vishnoi Alias Shankara Ram, Aged About 25 Years, R/o
Janguo Ki Dhani, Uparla, Police Station Chohtan,district Barmer.
At Present Lodged In District Jail Barmer
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Rahul Vyas
Mr. Tribhuwan Singh
For Respondent(s) : Mr. Sameer Pareek, PP
HON'BLE MR. JUSTICE PRAMIL KUMAR MATHUR
Order
23/02/2026
1. The petitioners have filed these bail applications under
Section 483 of BNSS in FIR No.175/2024 registered at Police
Station RIICO Area Barmer District Barmer for offence under
Sections 8/15, 17, 25 & 29 of NDPS Act.
2. Since both these bail applications arise out of common FIR,
hence, they are being decided by this common order.
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3. Heard learned counsel for the petitioners as well as learned
Public Prosecutor and perused the material available on record.
4. Learned counsel for the petitioners submits that no
contraband has been recovered from the conscious possession of
the present petitioners. He again submits that the allegation
against the petitioner No.1 Chandan Singh is that he is the owner
of the premises and given the premises on rent to the main
accused Damaram, in which, contraband 82.710 Kgs. Poppy Straw
and 1.450 Kgs Opium were recovered, and allegation against the
petitioner No.2 Shankar Vishnoi Alias Shankara Ram is that he is
the supplier of the 82.710 Kgs. Poppy Straw, which is above the
commercial quantity, to the prime accused Damaram and except
that there is no material available on record which establishes any
link or their involvement with the alleged offence. He further
contended that no call detail records or any other documentary
evidence are available on record to prima facie establish any
connection of the present petitioners with the contraband or with
the principal accused, Damaram. Petitioner No.2 Shankar Singh is
in custody since 30.09.2025 with four criminal antecedents of
different nature, in which, he is already on bail and petitioner No.1
Chandan Singh since 04.06.2025 without any criminal past.
Hence, twin test of Section 37 of NDPS Act is satisfied. The trial of
the case will take considerable time, therefore, no fruitful purpose
would be served by keeping the petitioners in further custody and
the bail application of the petitioners may be allowed.
5. Learned Public Prosecutor has vehemently opposed the bail
application.
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6. On consideration of the rival submissions and material
available on record and in the light of submission made by learned
counsel for the petitioners but without expressing any opinion on
merits/demerits of the case, I am inclined to grant benefit of bail
to the petitioners.
7. Consequently, the bail applications under Section 483
B.N.S.S. are allowed and it is directed that the petitioners
Chandan Singh S/o Bhanwar Singh and Shankar Vishnoi
Alias Shankara Ram, be released on bail provided each of them
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 each of them shall
appear before that Court on all subsequent dates of hearing till
conclusion of the trial.
(PRAMIL KUMAR MATHUR),J 14-15/AnilKC/-
(Uploaded on 23/02/2026 at 04:46:17 PM)
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