[2026:RJ-JD:2539]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous II Bail Application No. 6705/2025 Yashwant S/o Shambhu Lal, Aged About 24 Years, Resident Of Dhamancha Police Station Begun, District Chittorgarh (Presently Accused Confined In Central Jail Ajmer)

----Petitioner Versus State Of Rajasthan, State Of Rajasthan Through Public Prosecutor.

----Respondent Connected With S.B. Criminal Miscellaneous II Bail Application No. 5876/2025 Gajraj S/o Devkaran, Aged About 26 Years, R/o Kalyas, Police Station Sambhugarh, District Bhilwara (Raj.) At Presently Lodged In Dist. Jail Bhilwara ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent S.B. Criminal Miscellaneous II Bail Application No. 5877/2025 Lalu Ram S/o Shankar Lal, Aged About 21 Years, R/o Kankriya Talai, Police Station Ratangarh, District Neemuch (M.p.) (At Presently Lodged In Dist. Jailbhilwara)

----Petitioner Versus State Of Rajasthan, Through Pp.

----Respondent For Petitioner(s) : Mr. Ashish Kumar Gill Mr. Shive Kumar Bhati For Respondent(s) : Mr. Hanuman Prajapati, PP HON'BLE MR. JUSTICE KULDEEP MATHUR

Order

15/01/2026

1. These second applications for bail under Section 483 BNSS (439 Cr.P.C.) have been filed by the petitioners who have been arrested in connection with F.I.R. No.123/2024, registered at Police Station Sadar Bhilwara, District Bhilwara, for offences under Sections 8/15 & 8/25 of NDPS Act.

2. Learned counsel for the petitioners submitted that, as per the prosecution case, on 12.05.2024, the SHO, Police Station Sadar, Bhilwara, District Bhilwara, while travelling in her official vehicle along with Shri Jai Singh (Head Constable), Satdev (Constable), Dinesh (Constable), Gishulal (R.T.), Vishvajeet (gunman) and Sitaram (driver), reached near Roopaheli Chauraha and started nakabandi. During the nakabandi, the police team led by the SHO, P.S. Sadar, Bhilwara, signalled a white-coloured Bolero pickup bearing registration No. RJ-06-GD-6279 to stop. Upon noticing the police party, the occupant of the vehicle allegedly attempted to flee however, he was apprehended by the police after a short chase.

3. It was further submitted that, after allegedly following the procedure prescribed under the NDPS Act, a search of the Bolero pickup was made and during which contraband (poppy husk/straw) weighing 226.51 kilograms was allegedly recovered from 11 sacks. The driver of the vehicle, namely Yashwant Kumar, was arrested on the spot. Upon interrogation, the driver allegedly informed the police that the recovered contraband had been procured by him from petitioner - Lalu Ram and was to be supplied to petitioner - Gajraj S/o Devkaran.

4. Learned counsel submitted that the petitioners have been falsely implicated in the present case and that no recovery, as alleged, was made from the conscious possession of Yashwant Kumar. It was contended that the entire prosecution story is false and fabricated. Learned counsel further submitted that, in fact, the alleged contraband was planted with an intention to falsely implicate Yashwant Kumar and other petitioners for the offences under the NDPS Act, and that no such recovery ever took place.

5. To substantiate this contention, learned counsel drew the attention of the Court to the statements of the Seizure Officer, Usha Yadav, recorded before the competent criminal Court as PW- 2. It was submitted that, although the prosecution states that when the SHO, P.S. Sadar, left the police station for nakabandi and routine patrolling he was accompanied by several police personnel including gunman Vishvajeet and driver Sitaram, the Seizure Officer, during her cross-examination, admitted that gunman Vishvajeet and driver Sitaram did not accompany her on the date of the alleged recovery. She further admitted that she had no recollection of the names of the gunman and driver who had accompanied her at the time of nakabandi and recovery.

6. Learned counsel further submitted that the Seizure Officer, during her