Citation : 2026 Latest Caselaw 1353 Raj
Judgement Date : 30 January, 2026
[2026:RJ-JD:5426]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 14923/2025
Devi Lal S/o Sh. Dali Chand, Aged About 30 Years, Resident Of
Mevasa Ki Dhani (Arnoda), Police Station Sadar Nimbahera
District Chittorgarh. (At Present Lodged In District Jail,
Pratapgarh)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Birbal Ram Bishnoi
For Respondent(s) : Mr. Surendra Bishnoi, PP
HON'BLE MR. JUSTICE MUKESH RAJPUROHIT
Order
30/01/2026
The instant application for bail under Section 483 of BNSS
(439 of Cr.P.C.) has been filed by 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 Chhotisadri 3. District Pratapgarh
4. Offences alleged in the FIR Sections 8 & 15 of NDPS Act
5. Offences added, if any Sections 25 & 29 of NDPS Act
Learned counsel for the petitioner submits that the
allegations levelled against the present petitioner are false,
fabricated. It is contended that the allegation against the
petitioner relates to the alleged sale of a stolen vehicle, namely an
Eeco Van, purportedly through co-accused Dinesh to co-accused
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Sunil, who is stated to have been transporting narcotic
contraband. It is further submitted that, in fact, the said vehicle in
question had been sold to the co-accused approximately one and
a half years prior to the date of the alleged incident thereby
negating any nexus between the petitioner and the alleged
offence. Moreover, co-accused Dinesh have already been enlarged
on bail by the learned trial court and the case of the petitioner is
on similar footing than that of the co-accused Dinesh. It is further
submitted that, during the course of investigation, no material or
evidence has been brought on record to establish any nexus or
connection between the present petitioner and the other co-
accused persons from whom the alleged recovery of narcotic
contraband was effected. Moreover, challan has already been filed
and petitioner has been in custody since 10.11.2025 and trial of
case will take sufficiently long time, therefore, benefit of bail may
be granted to accused-petitioner.
Per contra, learned Public Prosecutor has vehemently
opposed bail application and submits that the petitioner has two
previous criminal antecedents of similar nature.
In response, it is contended by the learned counsel for
petitioner that those two cases are prior to the year 2022.
Having heard and considered the rival submissions, facts and
circumstances of the case as well as perused material available on
record; considering the fact that challan has already been filed;
co-accused Dinesh has already been enlarged on bail by learned
trial court; petitioner has been in custody since 10.11.2025 and
trial of case will take sufficiently long time to conclude; without
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expressing any opinion on merits/demerits of the case, this Court
is inclined to enlarge petitioner on bail.
Consequently, bail application under Section 483 of BNSS
(439 of Cr.P.C.) is allowed. It is ordered that accused-petitioner as
named in the cause title, arrested in connection with above
mentioned FIR, shall be released on bail, if not wanted in any
other case, provided he/she/they furnishes a personal bond of
Rs.50,000/- and two sureties of Rs.25,000/- each, to the
satisfaction of learned trial court, for his/her/their 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 21-mSingh/-
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