[Cites 6, Cited by 0]
Rajasthan High Court - Jodhpur
Shiv Lal Alias Shivakumar vs State Of Rajasthan (2026:Rj-Jd:10343) on 25 February, 2026
[2026:RJ-JD:10343]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 2708/2026
Shiv Lal Alias Shiv Kumar S/o Vardichand, Aged About 39 Years,
Resident Of Gomana, Police Station Chhotisadri, District
Pratapgarh Raj. (Presently Lodged In District Jail, Pratapgarh)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Zeeshan Ali.
Mr. Aslam Khan.
For Respondent(s) : Mr. Pawan Bhati, PP.
HON'BLE MR. JUSTICE MUKESH RAJPUROHIT
Order
25/02/2026
The instant 2nd application for bail under Section 483 of BNSS
(439 of Cr.P.C.) has been filed by the petitioner who has been
arrested in the present matter. The requisite details of the matter
are tabulated herein below:
S. No. Particulars of the case
2. Police Station Dhamotar
3. District Pratapgarh
4. Offences alleged in the FIR Under Sections 8/15,
25, 15(c) and 8/29 of
the NDPS Act.
5. Offences added, if any Under Sections 25,
15(c) and 8/29 of the
NDPS Act.
The 1st bail application filed on behalf of petitioner i.e. S.B.
Criminal Misc. Bail Application No.11145/2025 was dismissed vide
order dated 16.10.2025 passed by this Court with the liberty to
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[2026:RJ-JD:10343] (2 of 3) [CRLMB-2708/2026]
the petitioner to file fresh bail application after filing of the
challan. After rejection of first bail application, challan has been filed.
Hence, this second application for bail has been filed.
It is contended by learned counsel for the petitioner that as
per the conclusion drawn in the charge-sheet, the petitioner has
been implicated in the present case only on the basis of the
statement of co-accused Dilip Anjana. Learned counsel has drawn
the attention of this Court towards the statement so recorded,
wherein Dilip Anjana named Kamal Singh, upon whose instance
the alleged contraband was stated to have been filled in the
container, and the statement reads as under:-
"Þbl le; tSj fgjklr vfHk;qDr fnyhi vkatuk us eq>
vuqla/kku vf/kdkjh dks gokykr ds ikl b"kkjk nsdj cqyk;k o crk;k
fd eSaus o'kZ 2022 esa dey flag jk.kk ds voS/k MksMk iksLV daVsuj esa
Hkjok;k Fkk og voS/k MksMk iksLV Hkjokus okys f"koyky ikVhnkj fuoklh
cj[ksMk us 04 fDoVy o f"koyky ikVhnkjh fuoklh xksek.kk us 13
fDoVy voS/k MksMk iksLV Hkjok;k FkkA esjs ekQZr Hkjok;k Fkk eSa muds ?
kj py crk ldrk gwaAß"
Learned counsel for the petitioner submits that the co-accused
Dinesh @ Kalu, Dilip, Kamal Singh and Dinesh have already been
enlarged on bail by this Court vide orders dated 29.07.2025,
19.12.2024, 28.03.2023 passed in S.B. Criminal Misc. Bail
Application Nos. 6526/2025, 10673/2024, 6190/2024 and
11800/2022, respectively.
Learned counsel for the petitioner submits that the petitioner
is in custody since 11.08.2025, the charge-sheet has already been
filed and the trial of the case will take sufficiently long time,
therefore, the benefit of bail may be granted to the accused-
petitioner.
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[2026:RJ-JD:10343] (3 of 3) [CRLMB-2708/2026]
Per contra, learned Public Prosecutor has vehemently
opposed the bail application and stated that one criminal
antecedent of similar nature is pending against the present
petitioner. However, he is not in a position to dispute the fact that
the above named co-accused persons has already been enlarged
on bail.
Having heard and considered the rival submissions, facts and
circumstances of the case as well as perused the material
available on record; considering the fact that co-accused persons
have already been enlarged on bail, charge-sheet has already
been filed and the petitioner is in custody since 11.08.2025 and
the trial will take sufficiently long time to conclude, without
expressing any opinion on merits/demerits of the case, this Court
is inclined to enlarge the petitioner on bail.
Consequently, the 2nd bail application under Section 483 of
BNSS (439 of Cr.P.C.) is allowed. It is ordered that the accused-
petitioner as named in the cause title, arrested in connection with
the above mentioned FIR, 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 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.
(MUKESH RAJPUROHIT),J
234-/Jitender//-
(Uploaded on 25/02/2026 at 07:09:24 PM)
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