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[2026:RJ-JD:5590]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

S.B. Criminal Miscellaneous Bail Application No. 13293/2025

Barkat Ali S/o Gulab Ali, Aged About 37 Years, Resident Of

Karmali Ki Dhani Police Station Suratgarh Sadar District

Sriganganagar Rajasthan (At Present Lodged In Sub Jail

Suratgarh)

----Petitioner

Versus

State Of Rajasthan, Through PP.

----Respondent

For Petitioner(s) : Mr. Jaikishan Haniya

For Respondent(s) : Mr. Hanuman Prajapati, PP

HON'BLE MR. JUSTICE KULDEEP MATHUR

Order

30/01/2026

1. This application for bail under Section 483 of BNSS has been

filed by the petitioner who has been arrested in connection with

F.I.R. No.04/2023 registered at Police Station Rajiyasar, District

Sriganganagar, for offences under Sections 8/15, 18, 25 and 29 of

the NDPS Act.

2. Learned counsel for the petitioner submitted that in the

present case, contraband poppy husk/straw weighing 80 kilograms

and contraband opium weighing 320 grams were recovered from

the conscious and exclusive possession of the co-accused persons,

namely, Dinesh, Rohitash and Ram Kumar. It was further

submitted that the said co-accused persons, while in custody,

disclosed that the recovered contraband was intended to be

supplied to the present petitioner.

3. Learned counsel contended that except for the disclosure

statements of the co-accused persons, there is no direct or

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circumstantial evidence available on record to connect the

petitioner with the alleged offence. It was further submitted that

the co-accused persons, namely, Dinesh (S.B. Cr. Misc. Bail

Application No. 15692/2024), Rohitash (S.B. Cr. Misc. Bail

Application No. 4614/2024) and Ram Kumar (S.B. Cr. Misc.

Second Bail Application No. 13601/2024), have already been

enlarged on bail by this Court vide order dated 18.12.2024.

4. Lastly, learned counsel submitted that the petitioner is in

judicial custody; the investigation has already been completed and

the trial is likely to take a considerable time. On these grounds, he

prayed that the petitioner be enlarged on bail.

5. Per contra, learned Public Prosecutor vehemently opposed

the bail application and submitted that the petitioner is a habitual

offender and is presently facing trial in two other similar cases.

Therefore, considering the seriousness of the allegations, the

petitioner does not deserve the benefit of bail. However, learned

Public Prosecutor was not in a position to dispute that no

contraband was recovered from the conscious and exclusive

possession of the present petitioner and that the aforesaid co-

accused persons have already been enlarged on bail.

6. Heard learned counsel for the petitioner and learned Public

Prosecutor, and perused the material available on record.

7. Having considered the rival submissions and the facts and

circumstances of the case, and without expressing any opinion on

the merits or demerits of the case, this Court is inclined to enlarge

the petitioner on bail.

8. Consequently, the bail application under Section 483 of BNSS

is allowed. It is ordered that the accused-petitioner Barkat Ali

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S/o Gulab Ali arrested in connection with F.I.R. No.04/2023

registered at Police Station Rajiyasar, District Sriganganagar, shall

be released on bail, if not wanted in any other case, provided she

furnishes a personal bond of Rs.1,00,000/- and two sureties of

Rs.50,000/- each, to the satisfaction of learned trial court, for his

appearance before that court on each & every date of hearing and

whenever called upon to do so till completion of the trial.

9. It is however, made clear that findings recorded/observations

made above are for limited purposes of adjudication of bail

application. The trial court shall not get prejudiced by the same.

(KULDEEP MATHUR),J

293-Dinesh/-

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