[Cites 6, Cited by 0]
Rajasthan High Court - Jodhpur
Kartar Singh vs State Of Rajasthan on 17 March, 2026
Author: Kuldeep Mathur
Bench: Kuldeep Mathur
[2026:RJ-JD:8910]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous 2nd Bail Application No. 4065/2025
Kartar Singh S/o Shri Guljar Singh, Aged About 50 Years, R/o
Village Muse Kalan, Police Station Chobal, Tehsil And District
Tarantaran (Punjab) (At Present Lodged In Sub Jail, Ratangarh)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
Connected With
S.B. Criminal Miscellaneous 2nd Bail Application No. 8459/2025
Daljeet Singh S/o Dharm Singh, Aged About 48 Years, R/o Kidiya
Panti, Police Station Chola Sahab, District Tarantaran, Punjab
(Presently Lodged In Central Jail Bikaner)
----Petitioner
Versus
State Of Rajasthan, Through PP.
----Respondent
For Petitioner(s) : Mr. S.K. Poonia
Mr. S.K. Verma
Mr. Mrinal Khatri
For Respondent(s) : Mr. Surendra Bishnoi, PP
HON'BLE MR. JUSTICE KULDEEP MATHUR
ORDER
Reserved on:- 04/02/2026
Pronounced on:- 17/03/2026
These applications for bail under Section 483 of BNSS (439
Cr.P.C.) have been filed by the petitioners who have been arrested
in connection with FIR No.469/2022 registered at Police Station
Ratangarh, District Churu, for offence under Section 8/15, 25 & 29
of the NDPS Act.
(Uploaded on 17/03/2026 at 04:34:40 PM)
[2026:RJ-JD:8910] (2 of 4) [CRLMB-4065/2025]
As per the prosecution, during routine patrolling, on
17.09.2022, a team of Police Station Ratangarh, District Churu
reached near Mega Highway Najad Malasar Toll Naka and saw a
truck bearing registration No.PB-02-DF-4113 was standing near
tea hotel and upon seeing the police personnel, the petitioners
who were standing beside the truck tried to escape, however, they
were apprehended on the spot. Upon searching the offending
vehicle, the police recovered contraband (poppy husk/straw)
weighing 7.23 quintals. The petitioners were arrested on the spot.
Learned counsel for the petitioner submitted that the
petitioners are in judicial custody since 17.09.2022. Till date, out
of total 16 cited prosecution witnesses, only 2 cited prosecution
witnesses have been examined before competent Criminal Court
and the delay in trial is not at all attributable to the petitioners.
Learned counsel further submitted that the petitioners are in
judicial custody since last more than 3 years and 6 months and
looking to the pace at which trial is being conducted against the
present petitioners, the same is not likely to be concluded in near
future.
Learned Public Prosecutor has vehemently opposed the bail
applications and submitted that petitioners are facing trial for the
offence under the NDPS Act and, therefore, these bail applications
deserve to be rejected straightway. Learned Public Prosecutor,
however, was not in position to refute the fact that in last more
than 3 years and 6 months, out of total 16 cited prosecution
witnesses, only 2 cited prosecution witnesses has been examined
till date.
(Uploaded on 17/03/2026 at 04:34:40 PM)
[2026:RJ-JD:8910] (3 of 4) [CRLMB-4065/2025]
Heard the learned counsel for the parties at Bar and perused
the material available on record.
Having considered the facts and circumstances of the case
and considering the fact that the petitioners have suffered
incarceration for last more than 3 years and 6 months and out of
total 16 cited prosecution witnesses, only 02 cited prosecution
witnesses has been examined till date, without expressing any
opinion on merits/demerits of the case, this Court is of the opinion
that the bail applications filed by the petitioners deserve to be
accepted.
Accordingly, these bail applications under Section 483 of
BNSS (439 Cr.P.C.) are allowed and it is ordered that the accused-
petitioners- (1) Kartar Singh S/o Shri Guljar Singh and (2)
Daljeet Singh S/o Dharm Singh shall be enlarged on bail in
connection with FIR No.469/2022 registered at Police Station
Ratangarh, District Churu, provided each of them furnishes a
personal bond in the sum of Rs.1,00,000/- with two sureties of
Rs.50,000/- each to the satisfaction of the learned trial Judge for
their appearance before the court concerned on all the dates of
hearing as and when called upon to so.
In case, the petitioners remain absent on any date of
hearing or makes an attempt to delay the trial by seeking
unnecessary adjournments, it shall be taken as a misuse of
concession of bail granted to them by this Court. The
prosecution, in such a situation, shall be at liberty to move
application(s) seeking cancellation of bail granted to the
petitioners today by this Court.
(Uploaded on 17/03/2026 at 04:34:40 PM)
[2026:RJ-JD:8910] (4 of 4) [CRLMB-4065/2025]
It is however, made clear that findings recorded/observations
made above are for limited purposes of adjudication of bail
application. The trial court shall not get prejudiced by the same.
(KULDEEP MATHUR),J
himanshu/-
(Uploaded on 17/03/2026 at 04:34:40 PM)
Powered by TCPDF (www.tcpdf.org)
