Citation : 2026 Latest Caselaw 3908 Raj
Judgement Date : 16 March, 2026
[2026:RJ-JD:12296]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 11354/2025
Kamal Singh Rana @ Kamal Rana S/o Dungar Singh, Aged About
45 Years, R/o- Bambori, Rathajana, Pratap Nagar, District
Pratapgarh (Presently Lodged In Central Jail Jodhpur)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Ashok Khilery
For Respondent(s) : Mr. Prem Singh Panwar, PP
HON'BLE MR. JUSTICE PRAVEER BHATNAGAR
Order
16/03/2026
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. 151/2022 registered at
Police Station Rajiv Gandhi Nagar, District Jodhpur City West for
the offences under Sections 8/15, 29 of NDPS Act.
2. Learned counsel for the accused-petitioner submits that the
accused-petitioner has falsely been implicated in this case. It is
argued that contraband weighing 33 Quintals 73 Kilograms of
Poppy Straw was recovered from an abandoned vehicle and after
investigation, it was found that the said vehicle was owned by one
Raju Lal and Raju Lal has named Manoj, Moti Lal and Manoj Jat
and stated that the recovered quantity of contraband article was
to be supplied to Dinesh @ Kalu. It is also contended that
allegation against the petitioner is that he has assisted the co-
accused Dinesh @ Kalu, Manoj and Raju in transporting the said
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contraband, however, there is no substantive evidence available
on record that shows that the petitioner was actively involved in
transporting the said quantity of contraband articles in the vehicle.
There is no connectivity between the owner of the vehicle Raju Lal
and other co-accused Manoj and Moti Lal with the petitioner. The
accused-petitioner is in custody since 30.01.2025 and the
trial/investigation of the case may take considerable time. It is
also argued that there are several cases registered against the
petitioner, out of which, in 11 cases, petitioner has already been
acquitted and in the present case, there is no evidence available
on record with regard to involvement of the petitioner in the
alleged crime, therefore, considering the aforesaid facts, the bail
application of the accused-petitioner may be allowed.
3. Learned Public Prosecutor has vehemently opposed the bail
application and contended that after investigation, it has been
found that petitioner was involved in transporting the said quantity
of contraband article and obtained money in form of commission
from the other co-accused Raju Lal, Manoj and Dinesh. It is also
submitted that the petitioner is a habitual offender and against
him 14 cases of NDPS were registered, therefore, considering the
aforesaid fact, the bail application of the petitioner deserves
dismissal.
4. Heard and perused the material available on record.
5. Admittedly, the aforesaid commercial quantity of poppy straw
was recovered from an abandoned vehicle, which belong to Raju
Lal and there is no connectivity between co-accused Raju Lal,
Manoj and Dinesh with the petitioner, apart from the disclosure
statement of the co-accused. Though there are several cases
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registered under the NDPS Act against the petitioner, however, the
prosecution has failed to show any direct connectivity of the
petitioner with the alleged crime, therefore, considering the
aforesaid facts, 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 Kamal Singh
Rana @ Kamal Rana S/o Dungar Singh, in connection with
FIR No. 151/2022 registered at Police Station Rajiv Gandhi Nagar,
District Jodhpur City West, 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
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.
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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 15-AnilKC/-
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