Citation : 2026 Latest Caselaw 4764 Raj
Judgement Date : 28 March, 2026
[2026:RJ-JD:14649]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 3787/2026
Kishan Pahalwan @ Kishanaram S/o Chandaram, Aged About 20
Years, Resident Of Kantiya, Police Station. Khinvsar, District
Nagaur. (Lodged In Dist. Jail Churu)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. J.K. Haniya
For Respondent(s) : Mr. Prem Singh Panwar, PP
HON'BLE MR. JUSTICE PRAVEER BHATNAGAR
Order
28/03/2026
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. 47/2025 registered at
Police Station Churu Sadar, District Churu 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
further submitted that recovery of contraband article weighing
225.005 Kgs. of poppy straw has been made effected from the co-
accused Gurvindra Singh, Chamkor Singh and Jagtar Singh. It is
also alleged that Chamkor Singh was escorting the said vehicle, in
which, the aforesaid quantity of contraband article was recovered.
The co-accused Gurvindra Singh in his statement rendered under
Section 57 of the NDPS Act named the petitioner in the present
case. Apart from the statement of the co-accused, there is no
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substantive evidence affirming or confirming the facts that the
petitioner has supplied the commercial quantity to the other co-
accused available on record. The charge-sheet has already been
filed, the accused-petitioner is in custody since long and the trial
of the case may take considerable time, there are no criminal
antecedents against the accused-petitioner, therefore, the bail
application of the accused-petitioner may be allowed.
3. Learned Public Prosecutor has vehemently opposed the bail
application and contends that the petitioner has supplied the
commercial quantity of contraband article poppy straw to the main
accused. The main accused has named the present petitioner as
one of the culprit, therefore, considering the statements of co-
accused, the bail application of the petitioner deserves dismissal.
4. Heard and perused the material available on record.
5. Apart from the statement of co-accused there is no
substantial evidence available on record confirming the fact that
petitioner has supplied the said commercial quantity of contraband
article poppy straw to the other co-accused, therefore, considering
the aforesaid facts and also the facts that the accused-petitioner is
in custody since long and the trial of the case may take
considerable time, there are no criminal antecedents against the
accused-petitioner and charge-sheet has already been filed,
therefore, 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 Kishan
Pahalwan @ Kishanaram S/o Chandaram, in connection with
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[2026:RJ-JD:14649] (3 of 3) [CRLMB-3787/2026]
FIR No. 47/2025 registered at Police Station Churu Sadar, District
Churu, 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.
(PRAVEER BHATNAGAR),J 131-AnilKC/-
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