[Cites 4, Cited by 0]
Rajasthan High Court - Jodhpur
Radheshyam vs Cnb (2026:Rj-Jd:5348) on 29 January, 2026
Author: Kuldeep Mathur
Bench: Kuldeep Mathur
[2026:RJ-JD:5348]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 1210/2026
Shankar Lal S/o Shri Rama, Aged About 27 Years, Resident Of
Meriyakhedi Poloice Station Damotar District Pratapgarh Raj. (At
Present Lodged In District Jail Pratapgarh)
----Petitioner
Versus
Union Of India, Through Special PP
----Respondent
Connected With
S.B. Criminal Miscellaneous 2nd Bail Application No. 14002/2025
Radheshyam S/o Shri Ram Lal, Aged About 38 Years, R/o
Meriyakhedi, Tehsil And District Pratapgarh, Rajasthan.
(Presently Lodged In District Jail Pratapgarh)
----Petitioner
Versus
Union Of India, Through Special PP
----Respondent
For Petitioner(s) : Mr. Vijay Kumar Gaur.
Mr. Ramsukh Mali.
For Respondent(s) : Mr. K.S. Nahar, Spl. PP for CBN with
Mr. Gopal Singh Shekhawat.
HON'BLE MR. JUSTICE KULDEEP MATHUR
Order
29/01/2026
These applications for bail under Section 483 BNSS have
been filed by the petitioners who have been arrested in connection
with FIR No.04/2024 registered at Police Station CBN Pratapgarh,
District Pratapgarh, for offences punishable under Sections 8/15 of
the NDPS Act.
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Learned counsel submitted that as per the prosecution,
acting on a secret information, on 09.08.2024, a team of CBN
Pratapgarh flagged down a tractor trolly which was being escorted
by a motorcycle and the drivers of both the vehicles, on seeing the
police party, tried to flee away, but were apprehended by the
team. On search being made, the team recovered contraband
(poppy husk/straw) weighing 82.010 Kgs. lying in the tractor
trolly. The petitioners were arrested on the spot.
Learned counsel for the petitioners submitted that the
petitioners have been falsely implicated in this case. Learned
counsel submitted that the petitioners are in judicial custody since
09.08.2024. They further submitted that out of total 7 cited
prosecution witnesses, only 2 prosecution witnesses have been
examined before competent Criminal Court. They further
submitted that the delay in trial is not at all attributable to the
petitioners. They submitted that the petitioners are in judicial
custody since last more than 1 year 5 months and looking to the
pace at which trial is being conducted against the present
petitioners, the same is not likely to be concluded in near future.
In support of their contention, learned counsel for the
petitioners 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.
On these grounds, they implored the Court to enlarge the
petitioners on bail.
Per contra, learned Public Prosecutor has vehemently
opposed the bail applications and submitted that petitioners are
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facing trial for the offence under the NDPS Act and, therefore, the
present bail applications deserve to be rejected straightway.
Learned Public Prosecutor, however, was not in position to refute
the fact that in last more than 1 year 5 months, out of total 7
cited prosecution witnesses, only 2 witnesses have been examined
till date.
Heard learned counsel for the petitioners 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
petitioners have suffered incarceration for last more than 1 year 5
months and out of total 7 cited prosecution witnesses, only 2
witnesses have been examined till date, without expressing any
opinion on merits/demerits of the case, this Court is of the opinion
that the bail applications filed by the petitioners deserve to be
accepted.
Accordingly, these bail applications under Section 483 BNSS
are allowed and it is ordered that the accused-petitioners- (1)
Shankar Lal S/o Shri Rama and (2) Radheshyam S/o Shri
Ram Lal shall be enlarged on bail in connection with FIR
No.04/2024 registered at Police Station CBN Pratapgarh, District
Pratapgarh, provided each of them 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 their appearance
before the court concerned on all the dates of hearing as and
when called upon to so.
In case, the petitioners remain absent on any date of
hearing or make an attempt to delay the trial by seeking
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unnecessary adjournments, it shall be taken as a misuse of
concession of bail granted to them by this Court. The
prosecution, in such a situation, shall be at liberty to move
an application seeking cancellation of bail granted to the
petitioners 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.
A copy of this order be placed in each file.
(KULDEEP MATHUR),J
437-Tikam/-
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