[Cites 8, Cited by 0]
Rajasthan High Court - Jodhpur
Rahul vs State Of Rajasthan (2026:Rj-Jd:10312) on 25 February, 2026
Author: Kuldeep Mathur
Bench: Kuldeep Mathur
[2026:RJ-JD:10312]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous 2nd Bail Application No. 11102/2025
Rahul S/o Bhagsingh Jhur, Aged About 30 Years, Resident Of
Machhalikallan, District Sans Nagar (Punjab). (Presently Lodged
In District Jail Chittorgarh)
----Petitioner
Versus
State Of Rajasthan, Through PP
----Respondent
For Petitioner(s) : Mr. JVS Deora
For Respondent(s) : Mr. Narendra Gehlot, PP
HON'BLE MR. JUSTICE KULDEEP MATHUR
Order
25/02/2026
1. This second application for bail under Section 483 of the
BNSS (corresponding to Section 439 Cr.P.C.) has been filed by the
petitioner, who has been arrested in connection with FIR No.
08/2024 registered at Police Station Sadar Nimbahera, District
Chittorgarh, for offences under Sections 8/15, 25 and 29 of the
NDPS Act.
2. Learned counsel for the petitioner submits that the co-
accused, Meharban Singh (S.B. Cr. Misc. 2nd Bail Application No.
5978/2025), has already been enlarged on bail by this Court vide
order dated 27.01.2026. It is contended that the case of the
present petitioner is not distinguishable from that of the said co-
accused, who has been granted bail.
3. Learned counsel submitted that the petitioner is in judicial
custody and that the trial is likely to take considerable time to
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conclude; therefore, the benefit of bail deserves to be extended to
the accused-petitioner.
4. Per contra, learned Public Prosecutor has vehemently
opposed the bail application. However, he is not in a position to
refute the fact that the aforesaid co-accused has already been
enlarged on bail.
5. Heard learned counsel for the petitioner and the learned
Public Prosecutor. Perused the material available on record.
6. The order dated 27.01.2026 passed by this Court while
granting bail to the co-accused Meharban Singh is reproduced herein
below for ready reference:
"This second application for bail under Section 483
BNSS has been filed by the petitioner who has been arrested
in connection with FIR No.08/2024 registered at Police
Station Sadar Nimbahera, District Chittorgarh, for offences
under Sections 8/15, 8/25 and 8/29 of the NDPS Act.
Learned counsel submitted that as per the prosecution,
during nakabandi, on 04.01.2024, a team of Police Station
Sadar Nimbahera apprehended a Tata Yodha pickup having
registration No.MH-12-TREV-847 which was being driven by
the petitioner. On search being made, the team recovered
contraband (poppy husk/straw) weighing 66.700 Kgs. The
petitioner was arrested on the spot.
Learned counsel for the petitioner submitted that the
petitioner has been falsely implicated in this case. Learned
counsel submitted that the petitioner is in judicial custody
since 04.01.2024. He further submitted that till date, out of
total 21 cited prosecution witnesses, only 4 prosecution
witnesses have been examined before competent Criminal
Court. He further submitted that the delay in trial is not at all
attributable to the petitioner. He submitted that the
petitioner is in judicial custody since last more than 2 years
and looking to the pace at which trial is being conducted
against the present petitioner, the same is not likely to be
concluded in near future.
In support of his contention, learned counsel for the
petitioner 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.
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On these grounds, he implored the Court to enlarge the
petitioner on bail.
Per contra, learned Public Prosecutor has vehemently
opposed the bail application and submitted that petitioner is
facing trial for the offence under the NDPS Act and,
therefore, the present bail application deserves to be
rejected straightway. Learned Public Prosecutor, however,
was not in position to refute the fact that in last more than 2
years, out of total 21 cited prosecution witnesses, only 4
prosecution witnesses have been examined till date.
Heard learned counsel for the petitioner 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
petitioner has suffered incarceration for last more than 2
years and out of total 21 cited prosecution witnesses, only 4
prosecution witnesses have been examined till date, thus
without expressing any opinion on merits/demerits of the
case, this Court is of the opinion that the bail application
filed by the petitioner deserves to be accepted.
Accordingly, the second bail application under Section
483 BNSS is allowed and it is ordered that the accused-
petitioner- Meharban Singh S/o Jaswant Singh @ Jai
Singh Sisodia shall be enlarged on bail in connection with
FIR No.08/2024 registered at Police Station Sadar
Nimbahera, District Chittorgarh, provided he 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 his appearance before the court concerned on all
the dates of hearing as and when called upon to so.
In case, the petitioner remains absent on any
date of hearing or makes an attempt to delay the trial
by seeking unnecessary adjournments, it shall be
taken as a misuse of concession of bail granted to him
by this Court. The prosecution, in such a situation,
shall be at liberty to move an application seeking
cancellation of bail granted to the petitioner 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."
7. Having considered the rival submissions, as well as the facts
and circumstances of the case, particularly the fact that the co-
accused Meharban Singh has already been enlarged on bail and
that the case of the present petitioner is stated to be similar, this
Court, without expressing any opinion on the merits or demerits of
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the case, is inclined to enlarge the petitioner on bail.
8. Consequently, the second bail application under Section 483
of BNSS (439 Cr.P.C.) is allowed. It is ordered that the accused-
petitioner Rahul S/o Bhagsingh Jhur arrested in connection
with F.I.R. No.08/2024 registered at Police Station Sadar
Nimbahera, District Chittorgarh, 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.
9. 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.
(KULDEEP MATHUR),J
204-sonia/-
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