[Cites 4, Cited by 0]
Rajasthan High Court - Jodhpur
Sukhbhal Singh vs State Of Rajasthan (2026:Rj-Jd:14421) on 27 March, 2026
Author: Kuldeep Mathur
Bench: Kuldeep Mathur
[2026:RJ-JD:14421]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous 2nd Bail Application No. 1521/2026
Prakat Singh S/o Harbansh Singh, Aged About 31 Years, R/o
Ward No 01 Chak 1 Llp 10 Sgr Sanger Ps Suratgarh Dist Sri
Ganganagar. (At Present Lodged In Dist. Jail Bhilwara)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
Connected With
S.B. Criminal Miscellaneous Bail Application No. 5673/2025
Sukhbhal Singh S/o Sh. Balvindra Singh, Aged About 43 Years,
R/o Ward No. 911 Cjm Sardargarh, Ps Suratgarh Sadar, Dist.
Sriganganagar (Rajasthan) (Presently Lodged At Central Jail
Ajmer)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Ram Niwas
Mr. Manohar Singh
For Respondent(s) : Mr. Narendra Gehlot, PP
HON'BLE MR. JUSTICE KULDEEP MATHUR
Order
27/03/2026
These applications for bail under Section 483 BNSS have
been filed by the petitioners who have been arrested in connection
with FIR No.305/2024 registered at Police Station Mandal, District
Bhilwara, for offences punishable under Sections 8/15 of the NDPS
Act.
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Learned counsel submitted that as per the prosecution, SHO,
P.S. Mandal along with other police personnels during nakabandi,
on 08.08.2024, apprehended one white Creta Car having
registration No.HR-18C-4375 which was being driven by the
petitioner Sukhbhal Singh and the petitioner Prakat Singh was
sitting beside him. On search being made, the team recovered
contraband (Poppy husk/ straw) weighing 81.400 Kgs. 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
08.08.2024. He further submitted that out of total 20 cited
prosecution witnesses, only 1 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 1 year 7 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.
In support of their 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, they 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
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facing trial for the offence under the NDPS Act and, therefore, the
present bail applications deserve to be rejected straightway.
Learned Public Prosecutor, however, was not in position to refute
the fact that in last more than 1 year 7 months, out of total 20
cited prosecution witnesses, only 1 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 last more than 1 year 7
months and out of total 20 cited prosecution witnesses, only 7
witnesses have 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 BNSS
are allowed and it is ordered that the accused-petitioners- (1)
Prakat Singh S/o Harbansh Singh and (2) Sukhbhal Singh
S/o Sh. Balvindra Singh shall be enlarged on bail in connection
with FIR No.305/2024 registered at Police Station Mandal, District
Bhilwara, 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 make an attempt to delay the trial by seeking
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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
an application 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
application. The trial court shall not get prejudiced by the same.
A copy of this order be placed in each file.
(KULDEEP MATHUR),J
243-244 divya/-
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