IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
ASHOK KUMAR JAIN
Biram S/o Shri Bapulal – Appellant
Versus
State of Rajasthan – Respondent
| Table of Content |
|---|
| 1. establishing precedence through parity with co-accused bail status. (Para 1 , 2 , 6) |
| 2. arguments regarding custodial interrogation necessity in ndps cases. (Para 3 , 4 , 5) |
| 3. non-cooperation and absconding justify denying anticipatory bail. (Para 7 , 8 , 9) |
ORDER :
1. The instant bail application is preferred by the petitioner-accused Biram S/o Shri Bapulal, under Section 482 of BNSS for anticipatory bail in a matter arising out of FIR No.130/2025 dated 17.07.2025 registered at Police Station Harnavda Shahji, District Baran for the offence under Sections 8/15 and 8/25 of NDPS Act.
2. Learned Special Judge, NDPS Act Cases, Chhabra, District Baran, has dismissed the anticipatory bail application of the present petitioner on 12th February 2026.
3. Learned counsel for the petitioner submit that as per facts of the case, on inspection of a car, 21 kg of poppy straw was recovered from possession of Jitu and Kalu Lal and both were released on bail by a Co-ordinate Bench of this Hon'ble Court on 27.08.2025. He further submits that only on interrogation note of Jitu and Kalu Lal, the petitioner was arrayed as an accused as supplier of contraband articles. He further submits t
Discretionary relief is generally denied when an accused is absconding and failing to cooperate with the investigation, particularly in cases involving serious offences where the petitioner's involve....
The court's decision was influenced by the acquittal of the co-accused and the prosecution's failure to prove the nature of the seized contraband under the NDPS Act.
The main legal point established in the judgment is that bail can be granted under Section 439 Cr.P.C. when the petitioner's direct involvement is not established, and there is a lack of evidence sho....
Anticipatory bail granted when no substantive evidence exists against petitioners and they cooperated with the investigation.
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