SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2026 Supreme(Raj) 212

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

Advocates Appeared:
For the Appellant : Vikas Kumar Saini
For the Respondent: Vijay Singh Yadav

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 comply with conditions to ensure their presence and prevent evidence tampering.

Headnote:(A) Narcotic Drugs and Psychotropic Substances Act - Sections 8 and 20 - Bail application - Investigation complete - Custodial period - Absence of criminal antecedents - Grant of bail - Applicants in custody for significant duration and no longer required for investigation - Trial likely to be protracted - Bail granted subject to conditions including personal bond and sureties. (Paras 7, 8 and 9)

(B) Bail - Discretionary power - Court to consider totality of facts and circumstances - Without expressing opinion on merits - Bail granted where investigation is complete and no criminal history exists. (Para 8)

Facts of the case:
Two individuals were apprehended in a vehicle, and a quantity of contraband was recovered from bags stored therein. The individuals were subsequently arrested and charged under relevant drug control legislation. They filed for bail, contending that the investigation was complete, they had no prior criminal record, and the recovery procedure was flawed.

Findings of Court:
The court observed that the investigation was concluded, the applicants had been in custody for a sufficient period, and there were no prior criminal antecedents. Given the likelihood of a protracted trial, the court deemed it appropriate to grant bail.

Issues: Whether the applicants are entitled to bail given the nature of the offence, the status of the investigation, and the absence of criminal antecedents.

Ratio Decidendi: When the investigation is complete, the accused has no prior criminal record, and the trial is expected to take time, the court may exercise its discretion to grant bail, provided the accused adheres to specific conditions to ensure their presence and prevent interference with the judicial process.

Result: Bail applications allowed.

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

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top