Citation : 2026 Latest Caselaw 3888 Raj
Judgement Date : 13 March, 2026
[2026:RJ-JD:12068]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 3053/2026
Likhama Ram S/o Sultana Ram, Aged About 35 Years, R/o Chak
No 11 Khd Charanwala Ps Ranjitpura District Bikaner. (Presently
Lodged In Central Jail Bikaner)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Praveen Godara
For Respondent(s) : Mr. Sameer Pareek, 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 No. 16/2026 registered at
Police Station Ranjeetpura, District Barmer for the offences under
Sections 8/16, 18 of NDPS Act.
2. Learned counsel for the accused-petitioner submits that the
accused-petitioner has falsely been implicated in this case. He
further submits that the allegation against the petitioner is of
cultivating the Opium plants. The provisions of Section 37 of NDPS
Act are not attracted as the offence of cultivating Opium plants
comes under the purview of Section 8(18)(iii) of NDPS Act, in
which, maximum punishment is of 10 years. The accused-
petitioner is in custody since 25.02.2026 and the
trial/investigation of the case may take considerable time,
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therefore, the bail application of the accused-petitioner may be
allowed.
3. Learned Public Prosecutor has vehemently opposed the bail
application and contended that the petitioner is a habitual
offender. It is further submitted that a case has previously been
registered against him under the provisions of IPC. Moreover, a
huge quantity of opium plants was recovered from the petitioner's
field, therefore, the bail application of the petitioner deserves to
be dismissed.
4. Heard and perused the material available on record.
5. Considering the fact that the offences alleged against the
accused-petitioner is in custody since 25.02.2025 and the
trial/investigation of the case may take considerable time, without
commenting anything on the merits of the case, I deem it just and
proper to enlarge the accused-petitioner on bail.
6. Accordingly, the bail application under Section 483 BNSS is
allowed and it is ordered that the accused-petitioner Likhama
Ram S/o Sultana Ram, in connection with FIR No. 16/2026
registered at Police Station Ranjeetpura, District Barmer, shall be
enlarged on bail provided he furnishes a personal bond in the sum
of Rs.50,000/- with two sureties of Rs.25,000/- each to the
satisfaction of the learned trial Judge for his appearance before
the court concerned on all the dates of hearing and as and when
called upon to do so. The learned trial Judge shall also verify the
address and the contact details of the surety through concerned
SHO before releasing the accused-petitioner on bail.
7. The accused-petitioner is also directed to mark his presence
on 25th of every month till conclusion of trial before the concerned
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police station. The SHO of the concerned police station is directed
to maintain a regular register marking the presence of the
accused-petitioner and shall send the presence report of the
accused-petitioner on the same day to the concerned Trial Court
without any delay. In case of any breach to the aforementioned
conditions, the learned Public Prosecutor shall be free to move the
application against the accused-petitioner for cancellation of the
bail before the concerned Court.
8. The accused-petitioner is also directed to submit his present
address along with the mobile number to the concerned SHO
within a period of 7 days from his release and the concerned SHO
shall verify the said address and the mobile number. In case if the
petitioner changes his address or mobile number, he shall submit
the same before the concerned SHO so also before the concerned
learned Trial Court.
9. A copy of this order shall be sent to the concerned SHO for
its strict compliance.
(PRAVEER BHATNAGAR),J 105-AnilKC/-
(Uploaded on 13/03/2026 at 06:21:31 PM)
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