IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR
ASHOK KUMAR JAIN, J.
Satyenarayan S/o Shri Ramlal – Appellant
Versus
State of Rajasthan – Respondent
S.B. Criminal Miscellaneous Bail Application Nos. 6836, 6837 of 2026
Decided On : 04-05-2026
| Table of Content |
|---|
| 1. factual context of the alleged offense and arrest. (Para 1 , 7) |
| 2. contentions of parties regarding innocence and opposition to bail. (Para 2 , 3 , 4 , 5) |
| 3. court's judicial reasoning for granting preliminary bail. (Para 6 , 8) |
| 4. formal order granting bail with stipulated conditions. (Para 9 , 10) |
ORDER :
1. These bail applications under Section 483 of BNSS are filed by the applicants-accused Satyenarayan S/o Shri Ramlal and Anita @ Vanita D/o Shri Bhimrav Jambkar W/o Mangilal seeking bail in respect of a criminal case registered as FIR No.116/2026 dated 04.04.2026 registered at P.S. Anta, District - Baran, for the offence under Sections 8/20 of NDPS Act.
2. Learned counsel for the applicants submits that the applicants have been falsely implicated in the matter and the investigation against them is complete and they are no more required in investigation. He further submits that there are no chance of fleeing of applicants accused from the jurisdiction of this Hon’ble Court. He also submits that the applicants undertakes not to repeat offence and cooperate with trial, which will take time.
3. Learned counsel for the petitioner submits that without following the mandatory provision of law, search and seizure was effected under the NDPS Act. He further submits that the petitioner Satyenarayan has offered help to co-accused Anita @ Vanita by giving gift in his car but all of sudden police has intercepted them. He also submits that the recovery of contraband was not effected from car rather it was from personal bag belonging to Anita and the petitioner accused Satyenarayan with not having any connection with said baggage.
4. Learned counsel for the petitioner-Anita @ Vanita submits that the accused is a female and at that time she was travelling in the car and she is not aware about the possession of contraband. At last, he submits that the recovered quantity is less than commercial.
5. Learned Public Prosecutor has vehemently opposed the bail applications and submitted that the allegations are grave and serious in nature. He has also filed a report received from concerned Police Station.
6. Heard learned counsel for the parties and learned Public Prosecutor. Perused the material placed on record by both the parties.
7. On 04.04.2026, SHO, PS Anta has intercepted a car number RJ 14 CC 2729 which was driven by Satyenarayan whereas Anita was sitting in the car. On search of two bags stored in the car, the police has recovered 6 kg 36 grams of Ganja. After the prcoeedings, an FIR No. 116/2026 was registered at Police Station Anta, District Baran under Section 8/20 of the NDPS Act. Both the accused were arrested and they are in custody. There is no criminal antecedents against any of the petitioners.
8. Upon hearing the arguments and perusing the record, we have found that the applicants-accused are no more required in the investigation and they are in custody for quite some time. The further proceedings will take its own time, therefore, looking to entirety of facts and circumstances of the case and without expressing any opinion on merits of the case, the Court deems it appropriate to grant bail to the applicants-accused.
9. Thus, the instant bail applications filed on behalf of applicants-accused Satyenarayan S/o Shri Ramlal and Anita @ Vanita D/o Shri Bhimrav Jambkar W/o Mangilal, are hereby allowed and the applicants-accused are ordered to be released on bail with condition that each of the petitioner would furnish a personal bond of Rs. 50,000/- with two sureties of like amount to the satisfaction of the Trial Court with the following conditions:-
(i) The applicants-accused shall not tamper with evidence or influence the witness in any manner.
(ii) The applicants-accused shall not indulge in any criminal activity and shall not repeat any criminal offence punishable under the Law.
(iii) The applicants-accused shall attend the hearing of the Trial Court on the date fixed by the Trial court or as and when asked to appear befor
Bail may be granted when the investigation is complete, the accused has no prior criminal record, and the trial is expected to be protracted, provided the court is satisfied that the accused will com....
When contraband is recovered from separate bags belonging to different individuals, the total quantity cannot be aggregated to constitute a commercial quantity. Consequently, stringent bail condition....
Bail may be granted when the investigation is complete, the accused has been in custody for a significant period, and the trial is likely to be delayed, provided that the court does not express a fin....
The court emphasized that under Section 37 of the NDPS Act, bail cannot be granted unless the twin conditions are satisfied, especially in cases involving large quantities of contraband.
Bail may be granted in cases involving non-commercial quantities of contraband when the investigation is complete, the accused is no longer required for custodial interrogation, and the trial is expe....
Bail was granted due to lack of substantive evidence against the accused-petitioner, emphasizing that disclosure statements from co-accused are inadmissible.
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