IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR
ASHOK KUMAR JAIN, J.
Ratan Lal S/o Bhaguram – Appellant
Versus
The State of Rajasthan – Respondent
S.B. Criminal Miscellaneous Bail Application No. 5822 of 2026
Decided On : 01-05-2026
| Table of Content |
|---|
| 1. factual background concerning ndps act violation and investigative reports. (Para 1 , 6) |
| 2. conflicting contentions regarding evidence admissibility and police custody requirements. (Para 2 , 3 , 4) |
| 3. court determination on bail based on custody duration and trial delay. (Para 5 , 7) |
| 4. formal order granting bail with mandatory procedural conditions. (Para 8 , 9) |
ORDER :
1. The present bail application under Section 483 of BNSS is filed by the applicant-accused Ratan Lal S/o Bhaguram seeking bail in respect of a criminal case registered as FIR No. 88/2026 dated 22.03.2026 registered at P.S. Masuda, District - Beawar, for the offence under Sections 8/15 of NDPS Act.
2. Learned counsel for the applicant submits that the applicant has been falsely implicated in the matter and the investigation against him is complete and he is no more required in investigation. He further submits that there are no chance of fleeing of applicant accused from the jurisdiction of this Hon’ble Court. He also submits that the applicant undertakes not to repeat offence and cooperate with investigation/trial, which will take time.
3. Learned counsel for the petitioner submits that no recovery was effected from the petitioner and the petitioner was arrayed as an accused only on statement of accused Sampat under Section 23(2) of BSA. He further submits that the statement of co-accused is not admissible against the petitioner. He further submits that the petitioner was named in another FIR No.63/2026 registered at PS Kareda District Bhilwara on very same day and except that no other criminal case is registered against the petitioner. He further submits that there is no evidence that the petitioner is involved in dealing of narcotics. He also placed on record bail order of FIR No. 63/2026 and copy of FIR.
4. Learned Public Prosecutor has vehemently opposed the bail application and submitted that the allegations are grave and serious in nature.
5. Heard learned counsel for the petitioner-accused and learned Public Prosecutor. Perused the material placed on record by both the parties.
6. On 22 March 2026, SHO, PS Masuda, District Beawar has searched the house of accused Sampat and recovered 3 kilogram 31 gram poppy straw (cursed capsule of opium residue) stored in a plastic gunny bag and pouches. Police has registered FIR No. 88/2026 at PS Masuda under section 8/15 of NDPS Act. During investigation, Sampat has disclosed that the contraband was purchased from Ratanlal. The police has arrested Ratanlal and he is in custody. The documents further revealed that FIR No. 63/2026 was registered at PS Kareda, District Bhilwara under section 8/15 of NDPS Act and the present petitioner was arrested on 22.03.2026 for the charge of possession of 2 kg 46 grams of poppy straw. The petitioner was released on bail on 28.03.2026 by learned Special Judge, NDPS Act Cases, Bhilwara. In the instant case, he has been charged under Section 8/29 of NDPS Act.
7. Upon hearing the arguments and perusing the record, we have found that the applicant-accused is no more required in the investigation and he is 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 applicant-accused.
8. Thus, the instant bail application filed on behalf of applicant-accused Ratan Lal S/o Bhaguram, is hereby allowed and the applicant-accused is ordered to be released on bail upon furnishing 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 applicant-accused shall not tamper with evidence or influence the witness in any manner.
(ii) The applicant-accused shall not indulge in any criminal activity and shall not repeat any criminal offence punishable under the Law.
(iii) The applicant-accused shall attend the hear
Bail may be granted when the investigation is complete, the accused is no longer required for custodial interrogation, and the trial is likely to be protracted, provided the court is satisfied that t....
When an investigation is complete and the accused has been in custody for a significant period, bail may be granted in cases involving recovery from unattended vehicles where direct possession is not....
In cases involving the cultivation of poppy plants, the stringent bail conditions under the relevant narcotics statute are not attracted. Where the investigation is complete and the accused is no lon....
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....
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.