Citation : 2026 Latest Caselaw 3932 Raj
Judgement Date : 16 March, 2026
[2026:RJ-JD:12446]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 451/2026
Surendra S/o Ram Kumar, Aged About 47 Years, R/o Sisay Kali
Rawan, Police Station Hansi, District Hisar, Haryana. (Lodged In
Dist. Jail, Bhilwara)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
Connected With
S.B. Criminal Miscellaneous Bail Application No. 15635/2025
Pratap S/o Late Shri Basir, Aged About 77 Years, R/o Panihari,
Police Station Barwala, District Hisar, Harayana. (Lodged In Dist.
Jail, Bhilwara)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Shiv Kumar Bhati
For Respondent(s) : Ms. Sonu Manawat, PP
HON'BLE MR. JUSTICE PRAVEER BHATNAGAR
Order
16/03/2026
1. These instant bail applications have been filed under Section
483 BNSS on behalf of accused-petitioners. The petitioners have
been arrested in connection with FIR No.626/2025 registered at
Police Station Pratapnagar, District Bhilwara for the offence(s)
under Sections 8/15, 29 of NDPS Act.
2. Learned counsel for the accused-petitioners submits that the
accused-petitioners have falsely been implicated in this case. He
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further submits that the alleged quantity of contraband article i.e.
Poppy Straw recovered from the possession of the petitioners -
Surendra and Pratap is 19.470 Kgs. and 12.670 Kgs. respectively,
which is below commercial quantity. The accused-petitioners are in
custody since 09.12.2025, the charge-sheet has already been filed
and the trial/investigation of the case may take considerable time,
therefore, the bail applications may be allowed.
3. Learned Public Prosecutor vehemently opposed the bail
applications and contended that petitioners are habitual offenders
and against petitioner Pratap, seven cases have already been
registered, out of which six cases are of a similar nature, and
against petitioner Surendra, one case of similar nature has been
registered, therefore, the bail applications of the petitioners
deserve to be dismissed.
5. Considering the fact that the alleged contraband article
recovered from the possession of the petitioners is below
commercial quantity, the trial/investigation of the case may take
considerable time, therefore, without expressing anything on the
merits of the case, I deem it just and proper to enlarge the
accused-petitioners on bail.
6. Accordingly, the bail applications under Section 483 BNSS
are allowed and it is ordered that the accused-petitioners
Surendra S/o Ram Kumar and Pratap S/o Late Shri Basir, in
connection with FIR No.626/2025 registered at Police Station
Pratapnagar, District Bhilwara shall be enlarged on bail provided
each of them 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 their appearance before the court
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[2026:RJ-JD:12446] (3 of 3) [CRLMB-451/2026]
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-petitioners on bail.
7. The accused-petitioners are also directed to mark their
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-petitioners and shall send the presence report of the
accused-petitioners 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-petitioners for cancellation of the
bail before the concerned Court.
8. The accused-petitioners are also directed to submit their
present address along with the mobile number to the concerned
SHO within a period of 7 days from their release and the
concerned SHO shall verify the said address and the mobile
number. In case if the petitioners changes their address or mobile
number, they 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 60-61/AnilKC/-
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