##PAGE1##

[2026:RJ-JD:5269]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

S.B. Criminal Miscellaneous 3^rd Bail Application No. 11469/2025

Bhajan Lal S/o Shri Kalu Ram Bishnoi, Aged About 25 Years,

Resident Of Plot No 61, Dhako Ka Ber, Jalbere, Dhorimanna

Police Station, District Barmer (Lodged In District Jail,

Chittorgarh)

----Petitioner

Versus

State Of Rajasthan, Through Pp

----Respondent

For Petitioner(s) : Mr. Vijay Raj Bishnoi

For Respondent(s) : Mr. Ramesh Dewasi, PP

HON'BLE MR. JUSTICE KULDEEP MATHUR

Order

29/01/2026

This third application for bail under Section 483 BNSS has

been filed by the petitioner who has been arrested in connection

with F.I.R. No.265/2020 registered at Police Station Badi Sadari,

District Chittorgarh, for the offences under Sections 8/15 and 8/25

of NDPS Act; Sections 307 and 353 of IPC and Sections 3/25 of

Arms Act.

Heard learned counsel for the petitioner and learned Public

Prosecutor. Perused the material available on record.

Learned counsel for the petitioner submitted that in the

present case, the alleged contraband, i.e. poppy husk/straw

weighing 4 quintals and 40 kilograms, was recovered from 22

plastic sacks lying in an unnumbered and abandoned Scorpio car.

It was contended that the petitioner was neither arrested at the

(Uploaded on 30/01/2026 at 11:11:57 AM)

(Downloaded on 07/02/2026 at 02:17:03 PM)

[2026:RJ-JD:5269] (2 of 5) [CRLMB-11469/2025]

spot nor was the contraband recovered from his conscious

possession.

Drawing the attention of this Court to the challan papers and

the statement of the Investigating Officer recorded before the

competent criminal Court as PW-04, learned counsel submitted

that as per the prosecution case, on 09.11.2020, the petitioner

was allegedly transporting the recovered contraband in the

offending vehicle and, upon being signalled to stop by the police

near Ramanuj School, Khair Mallya Road, Khardewala, he fired

gunshots at the police party and fled from the spot.

Learned counsel further submitted that the petitioner has

been implicated in the present case solely on the basis of

suspicion and the disclosure statements of the co-accused persons

recorded during their custody. It was argued that there is no

material available on record to establish any nexus between the

petitioner and the recovered contraband or to indicate that the

contraband was being transported by him or with his conscious

knowledge.

In support of the said contention, learned counsel drew the

attention of this Court to the cross-examination of the

Investigating Officer (PW-04), wherein he categorically admitted

that apart from the disclosure statements of the co-accused

persons, no independent, direct or documentary evidence was

found during investigation to connect the petitioner either with the

offending Scorpio car or with the recovered contraband.

Lastly, it was submitted that the petitioner has been in

judicial custody since 14.07.2022; the trial is not likely to

(Uploaded on 30/01/2026 at 11:11:57 AM)

(Downloaded on 07/02/2026 at 02:17:03 PM)

[2026:RJ-JD:5269] (3 of 5) [CRLMB-11469/2025]

conclude in the near future; and the evidence on record,

particularly the testimony of the Investigating Officer, prima facie

demonstrates that the petitioner has been falsely implicated in the

absence of any corroborative or substantive material. On these

grounds, prayer for grant of bail was made.

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 more than two cases of

similar nature under the NDPS Act. Considering the seriousness of

the allegations, it was contended that the petitioner does not

deserve the benefit of bail.

Having considered the rival submissions and the facts and

circumstances of the case, this Court prima facie finds that the

petitioner has been in judicial custody since 14.07.2022; the

contraband was not recovered from his conscious possession; he

is not the registered owner of the offending vehicle; and the

Investi