[Cites 9, Cited by 0]
Rajasthan High Court - Jodhpur
Ramnarayan Alias Manka vs State Of Rajasthan (2026:Rj-Jd:14187) on 25 March, 2026
Author: Kuldeep Mathur
Bench: Kuldeep Mathur
[2026:RJ-JD:14187]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 8991/2025
Ramnarayan @ Manka S/o Kanaiyalal, Aged About 23 Years, R/o
Doli Kallan, Police Station Kalyanpur, District Balotra, Rajasthan
(Lodged In District Jail, Balotra)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
Connected With
S.B. Criminal Miscellaneous Bail Application No. 2566/2026
Shyam Lal S/o Karna Ram, Aged About 30 Years, Resident Of
Doli Khurd Police Station Kalyanpur District Barmer. At Present
Lodged In Sub Jail Balotra
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. B. Ray Bishnoi
Mr. Kailash Khilery
For Respondent(s) : Mr. Narendra Gehlot, PP
HON'BLE MR. JUSTICE KULDEEP MATHUR
Order
25/03/2026
These applications for bail under Section 439 Cr.P.C. have
been filed by the petitioners who have been arrested in connection
with FIR No.48/2023 registered at Police Station Pachpadra,
District Balotra, for offences under Section 8/15 of the NDPS Act;
and Sections 420, 467, 471 & 411 of IPC.
Learned counsel submitted that as per the prosecution,
during nakabandi, on 12.02.2023, a team of Police Station
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Pachpadra flagged down a Creta car having registration No.RJ-28-
CB-4405. On being asked, the driver disclosed his name to be
Ramnarayan and the person sitting besides him to be as Shyamlal.
After search being made, police recovered contraband (poppy
husk/straw) weighing 200 Kgs. from ten sacks. The petitioners
were arrested on the spot.
Learned counsel for the petitioners submitted that the
petitioners have been falsely implicated in this case. Learned
counsel submitted that the petitioners are in judicial custody since
12.02.2023. He further submitted that out of total 21 cited
prosecution witnesses, only 2 prosecution witnesses have been
examined before competent Criminal Court. He further submitted
that the delay in trial is not at all attributable to the petitioners.
He submitted that the petitioners are in judicial custody since last
more than three years and one month 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.
In support of his contention, learned counsel for the
petitioners placed reliance on the cases of Rabi Prakash Vs.
State of Orisa (Leave to Appeal (Criminal) No.4169/2023
and Mohd Muslim @ Hussain Vs. State (NCT of Delhi) in
Special Leave Petition (Crl.) No(s).915 of 2023.
On these grounds, he implored the Court to enlarge the
petitioners on bail.
Per contra, 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, the
present bail applications deserve to be rejected straightway.
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Learned Public Prosecutor, however, was not in position to refute
the fact that in last more than 3 years and 1 month, out of total
21 cited prosecution witnesses, only 2 witnesses have been
examined till date.
Heard learned counsel for the petitioners and the learned Public
Prosecutor. Perused the material available on record.
Having considered the rival submissions, facts and
circumstances of the case and considering the fact that the
petitioners have suffered incarceration for more than 3 years and
1 months and out of total 21 cited prosecution witnesses, only 2
witnesses have been examined till date, without expressing any
opinion on merits/demerits of the case, this Court is of the opinion
that these bail applications filed by the petitioners deserve to be
accepted.
Accordingly, these bail applications under Section 439 Cr.P.C.
are allowed and it is ordered that the accused-petitioners- (1)
Ramnarayan @ Manka S/o Kanaiyalal (2) Shyam Lal S/o
Karna Ram shall be enlarged on bail in connection with FIR
No.48/2023 registered at Police Station Pachpadra, District
Balotra, 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 him by this Court. The
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prosecution, in such a situation, shall be at liberty to move
an application(s) seeking cancellation of bail granted to the
petitioners today by this Court.
It is however, made clear that findings recorded/observations
made above are for limited purposes of adjudication of bail
applications. The trial court shall not get prejudiced by the same.
A copy of this order be placed in each file.
(KULDEEP MATHUR),J
254-himanshu/-
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