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2026 Supreme(Raj) 226

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

Advocates Appeared:
For the Appellant : Shyam Bihari Gautam
For the Respondent: Vijay Singh Yadav

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 the accused will cooperate and not interfere with the judicial process.

Headnote:(A) Bharatiya Nagarik Suraksha Sanhita - Section 483 - Narcotic Drugs and Psychotropic Substances Act - Sections 8/15 and 8/29 - Bail application - Accused implicated solely on the basis of statement of co-accused - No recovery effected from the applicant - Investigation complete - Applicant in custody for a significant period - Trial likely to take time - Grant of bail without expressing opinion on merits of the case. (Paras 1, 2, 3, 6, 7)

(B) Bail - Principles for grant - Where investigation is complete and the accused is no longer required for custodial interrogation, and trial is expected to be protracted, bail may be granted subject to conditions to ensure presence at trial and prevent tampering with evidence. (Paras 7, 8)

Facts of the case:
The applicant sought bail in a criminal case involving the possession of contraband. The prosecution alleged the applicant's involvement based on the disclosure statement of a co-accused, despite no recovery being made from the applicant. The applicant had previously been arrested in a separate case on the same day and was subsequently released on bail.

Findings of Court:
The court observed that the investigation was complete and the applicant was no longer required for further investigation. Considering the duration of custody and the anticipated time for trial, the court deemed it appropriate to grant bail.

Issues: Whether the applicant is entitled to bail when implicated solely on the statement of a co-accused and no recovery was made from him, given the status of the investigation and the nature of the offence.

Ratio Decidendi: The court held that where the investigation is complete and the accused is not required for further interrogation, the court may exercise its discretion to grant bail, particularly when the trial is likely to be delayed, without prejudice to the merits of the case.

Result: Bail application allowed.

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

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