Citation : 2026 Latest Caselaw 3884 Raj
Judgement Date : 13 March, 2026
[2026:RJ-JD:12073]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc. 3rd Bail Application No. 12731/2025
Rajkumar S/o Birbal Ram, Aged About 30 Years, R/o Jamba Ki
Dhaani, P.s. Jamba, Tehsil And District Phalodi, Phalodi
(Rajasthan). (Presently Lodged In Central Jail, Jodhpur).
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Devansh Thanvi
For Respondent(s) : Mr. Hanuman Prajapati, PP
HON'BLE MR. JUSTICE PRAVEER BHATNAGAR
Order
13/03/2026
1. The instant bail application has been filed under Section 483
BNSS on behalf of accused-petitioner. The accused-petitioner has
been arrested in connection with FIR (CR) No. 30/2022 registered
at Police Station Bap, District Jodhpur Rural for the offences under
Sections 8/15 of the NDPS Act.
2. Learned counsel for the accused-petitioner submits that the
first bail application being S.B. Criminal Misc. Bail Application
No.15223/2023 was dismissed on 29.05.2024. Thereafter, only
three witnesses have been recorded. It is also contended that the
petitioner was not found in conscious possession of the said
contraband article, which was recovered from a car, therefore,
considering the aforesaid facts, this bail application of the
accused-petitioner may be allowed. The counsel further contends
that petitioner is behind the bars since more then four years and
the trial is creeping with snail pace manner.
(Uploaded on 13/03/2026 at 06:30:59 PM)
[2026:RJ-JD:12073] (2 of 2) [CRLMB-12731/2025]
3. Learned Public Prosecutor has vehemently opposed the bail
application and contended that vide order dated 12.05.2025 this
Court has dismissed the S.B. Criminal Misc. 2 nd Bail Application
No.4548/2025 was dismissed, this Court while dealing with the
entire factual aspect and the impact of Section 37 of the NDPS Act
while citing the judgment passed by Hon'ble Apex Court in the
case of NCB Vs. Mohit Aggarwal 2022 Live Law (SC) 613
dismissed the bail application on merits and thereafter, mere
recording of the statements have not changed the circumstances.
It is also contended that the petitioner is a habitual offender and
against him, similar nature of four cases were registered,
therefore, the bail application of the petitioner deserves dismissal.
4. Heard and perused the material available on record.
5. Considering the fact that the first bail application of the
petitioner was dismissed on merits and thereafter, the trial has
proceeded and three witnesses have been examined, thus, this
Court is not inclined to enlarge the accused-petitioner on bail.
6. Accordingly, this third bail application under Section 483
BNSS is dismissed.
(PRAVEER BHATNAGAR),J 219-AnilKC/-
(Uploaded on 13/03/2026 at 06:30:59 PM)
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