[2026:RJ-JD:2482]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous II Bail Application No. 5719/2025 Bherulal Padiyar S/o Raghunath, Aged About 38 Years, R/o Ward No.29 Srinagar Colony,piploda Marg,javra,district Ratlam (Mp.)

(Lodged In District Jail, Churu)

----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Bhagirath Ray Bishnoi For Respondent(s) : Ms. Sonu Manawat, PP HON'BLE MR. JUSTICE KULDEEP MATHUR

Order

15/01/2026

1. This second application for bail under Section 483 of BNSS (439 Cr.P.C.) has been filed by the petitioner who has been arrested in connection with F.I.R. No.153/2024 registered at Police Station Kotwali Churu, District Churu, for offences under Sections

8/15 and 29 of the NDPS Act.

2. Learned counsel for the petitioner submitted that the co- accused Narendra Singh (S.B. Cr. Misc. 2^nd Bail Application No.6848/2025) has already been enlarged on bail by this Court vide order dated 20.11.2025. Learned counsel submitted that the case of the present petitioner is not at all distinguishable from that of the co-accused Narendra Singh who has already been enlarged on bail.

3. Learned counsel submitted that the petitioner is in judicial custody and the trial of the case will take sufficiently long time, therefore, the benefit of bail may be granted to the accused-

petitioner.

4. Per contra, learned Public Prosecutor has opposed the bail application and submitted that in the present case, huge quantity of contraband (poppy husk/straw) has been recovered from the exclusive and conscious possession of the co-accused persons namely Tejpal and Purushottam Das on the basis of information supplied by the petitioner and the co-accused Narendra Singh and therefore, looking to the seriousness of allegation against the petitioner, he does not deserve to be enlarged on bail. However, he was not in a position to refute the fact that the above named co-accused has already been enlarged on bail.

5. Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.

6. The order dated 20.11.2025 passed by co-ordinate Bench of this Court while granting bail to the co-accused Narendra Singh is reproduced herein below for ready reference:

“This second application for bail under Section 483 BNSS has been filed by the petitioner who has been arrested in connection with F.I.R. No.153/2024 registered at Police Station Kotwali Churu, District Churu, for the offences under Sections 8/15, 25 and 29 of the NDPS Act.

Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Drawing attention of the Court towards FIR, challan papers and the statements of the seizure officer recorded before the competent criminal Court, learned counsel submitted that on 03.06.2024, SHO, P.S. Kotwali, during nakabandi near Sant Nirankari Ashram flagged down one Hyundai car bearing registration No.MP-43-ZB-4894. The petitioner and co- accused persons namely Bherulal Devendra Singh were found sitting in offending vehicle. Upon being inquired, the petitioner and co-accused persons informed the police that they are escorting a Nisaan Dutsun car bearing registration No.RJ-09-CB-4695 loaded with contraband (poppy husk/straw).

On the basis of the information supplied by the petitioner and the above name co-accused person, when the Nisaan Dutsun Car was flagged down and searched after following the procedure provided under the NDPS Act, the police recovered contraband (poppy husk/straw) weighing 125 Kgs and 700 Gms.from the offending vehicle. The driver and the co-passenger of the said car namely Tejpal and Purushottam Das were apprehended by the police on the spot.

Learned counsel for the petitioner submitted that the contraband was not recovered from the conscious possession of the present petitioner; t