[2026:RJ-JD:1564]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous 2^nd Bail Application No. 10341/2025 Suresh Kumar @ Sanny S/o Sahab Ram, Aged About 36 Years, R/o Kikrali, Police Station Nohar, District Hanumangarh (At Present Lodged At Jail Bikaner)

----Petitioner Versus State Of Rajasthan, Through Public Prosecutor ----Respondent For Petitioner(s) : Mr. Anand Purohit, Sr. Adv. assisted by Mr. Mayank Roy For Respondent(s) : Mr. Shriram Choudhary, PP.

HON'BLE MR. JUSTICE KULDEEP MATHUR

Order

Reserved on: 18/12/2025 Pronounced on: 12/01/2026

1. This second application for bail under Section 483 BNSS (439 Cr.P.C.) has been filed by the petitioner who has been arrested in connection with FIR No.433/2024 registered at Police Station Rawatsar, District Hanumangarh for offences under Sections 8/15 and 25 of the NDPS Act.

2. Learned counsel for the petitioner submitted that, as per the prosecution, on 06.08.2024 at around 3:27 AM, the SHO of Police Station Rawatsar, along with police personnel, during routine patrolling reached near Najad cremation ground on the link road from Mega Highway to Chak 22 AG, whereupon on the left side of the road two persons were seen loading a bag on a motorcycle from a Bolero vehicle parked nearby. Upon seeing the police party, both of them got startled and tried to flee. On sufficient grounds of suspicion, the motorcycle and the Bolero vehicle were stopped and two persons were found sitting inside the Bolero vehicle, while one person was riding the motorcycle. The person riding the motorcycle disclosed his name as Suresh Kumar @ Sanny (present petitioner), and the persons sitting inside the Bolero vehicle were identified as Vinod Kumar and Kamlesh Kumar.

3. Upon searching the motorcycle and the Bolero vehicle at around 04:00 AM, the police team recovered contraband (poppy husk/straw) weighing 152 kilograms from the motorcycle bearing registration No. DL-9-SAH-5972 and the Bolero vehicle bearing registration No. RJ-49-UA-0109. On being asked by the police personnel, they failed to produce any valid licence or permit to possess the said contraband. The search and seizure proceedings were completed by 08:30 AM on 06.08.2024, and the petitioner and co-accused persons were arrested on the spot.

4. Learned counsel for the petitioner contended that the petitioner has been falsely implicated in the present case. To substantiate this contention, attention of the Court was drawn towards the pin-to-pin report and route chart of the GPS of the offending vehicle bearing registration No. RJ-49-UA-0109, procured by the investigating officer from the GPS company. Learned counsel submitted that a perusal of the same would reveal that the offending vehicle bearing registration No. RJ-49- UA-0109 remained stationary at Police Station Rawatsar from 11:03 PM on 05.08.2024 till 03:27 AM on 06.08.2024, i.e., at the time of the alleged recovery. The said vehicle was standing at Police Station Rawatsar till 05:12 AM on 06.08.2024. Therefore, the search and seizure proceedings, as conducted by the investigating agency, are inconsistent with the GPS location and pin-to-pin report of the offending vehicle.

5. Learned counsel submitted that the petitioner has been implicated in the present case by the investigating agency on the basis of a false and fabricated story, allegedly orchestrated by the police team.

6. Learned counsel for the petitioner further submitted that the petitioner approached the competent criminal court by filing an application under Section 94 of BNSS seeking production of the petitioner's location, and the same came to be allowed by the competent criminal court vide order dated 23.04.2025, whereby the concerned authority was directed to produce the location of the petitioner's mobile phone. However, the investigating agency utterly failed, despite several notices, to produce the same. It was vehemently submitted by learned counsel for the petitioner that such conduct on the part of the