[2026:RJ-JD:637]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous II Bail Application No. 6203/2025 Kailash S/o Badri Lal Patidar, Aged About 40 Years, R/o Ninora Police Station Pipaliya Mandi District Mandsaur Mp (Presently Lodged In District Jail Chittorgarh Raj.)

----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Vijay Kr. Gaur For Respondent(s) : Mr. Hanuman Prajapati, PP HON'BLE MR. JUSTICE KULDEEP MATHUR

Order

07/01/2026 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 F.I.R. No.130/2019, registered at Police Station Mangalwad, District Chittorgarh, for offences under Sections 8/15 & 8/29 of NDPS Act.

Heard learned counsel for the parties at Bar. Perused the material available on record.

Learned counsel for the petitioner submitted that in the present case, the contraband (poppy husk/straw) weighing 72.600 kgs. was recovered from the co-accused Rameshwar Lal. Learned counsel submitted that the petitioner has been implicated in the present case solely on the basis of disclosure statements of the co-accused- Rameshwar Lal while he was in custody. Learned counsel submitted that apart from the disclosure statements of the co-accused- Rameshwar Lal, there is no direct/circumstantial evidence available on record indicating involvement of the petitioner in commission of the alleged crime.

Lastly, learned counsel for the petitioner submitted that the petitioner is in judicial custody; the statements of the investigating officer have already been recorded before the competent criminal Court; and the trial of the case will take sufficiently long time, therefore, the benefit of bail should be granted to the accused-petitioner.

Per contra, learned Public Prosecutor has vehemently opposed the bail application and submitted that the petitioner is a habitual offender, and, therefore, looking to the seriousness of the allegations levelled against him, he does not deserve to be enlarged on bail.

Having considered the rival submissions, facts and circumstances of the case, this Court prima facie finds that in the present case, the contraband was not recovered from the conscious possession of the present petitioner; the petitioner is in judicial custody since 17.11.2024; apart from the disclosure statements of the co-accused- Rameshwar Lal, there is no direct/circumstantial evidence available on record indicating involvement of the petitioner in commission of the alleged crime; the statements of the investigating officer have already been recorded before the competent criminal Court; learned Public Prosecutor has not shown any apprehension of the petitioner influencing the remaining material prosecution witnesses of the case or fleeing away from justice, in case, he is enlarged on bail.

Thus, without expressing any opinion on merits/demerits of the case, this Court is inclined to enlarge the petitioner on bail.

Consequently, this second bail application under Section 483 BNSS (439 Cr.P.C.) is allowed. It is ordered that the accused- petitioner- Kailash S/o Badri Lal Patidar, arrested in connection with F.I.R. No.130/2019, registered at Police Station Mangalwad, District Chittorgarh, shall be released on bail, if not wanted in any other case, provided he 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.

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

362-himanshu/-