[2026:RJ-JD:10312]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous 2^nd Bail Application No. 11102/2025 Rahul S/o Bhagsingh Jhur, Aged About 30 Years, Resident Of Machhalikallan, District Sans Nagar (Punjab). (Presently Lodged In District Jail Chittorgarh)

----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. JVS Deora For Respondent(s) : Mr. Narendra Gehlot, PP HON'BLE MR. JUSTICE KULDEEP MATHUR

Order

25/02/2026

1. This second application for bail under Section 483 of the BNSS (corresponding to Section 439 Cr.P.C.) has been filed by the petitioner, who has been arrested in connection with FIR No. 08/2024 registered at Police Station Sadar Nimbahera, District Chittorgarh, for offences under Sections 8/15, 25 and 29 of the NDPS Act.

2. Learned counsel for the petitioner submits that the co- accused, Meharban Singh (S.B. Cr. Misc. 2nd Bail Application No. 5978/2025), has already been enlarged on bail by this Court vide order dated 27.01.2026. It is contended that the case of the present petitioner is not distinguishable from that of the said co-

accused, who has been granted bail.

3. Learned counsel submitted that the petitioner is in judicial custody and that the trial is likely to take considerable time to conclude; therefore, the benefit of bail deserves to be extended to the accused-petitioner.

4. Per contra, learned Public Prosecutor has vehemently opposed the bail application. However, he is not in a position to refute the fact that the aforesaid co-accused has already been enlarged on bail.

5. Heard learned counsel for the petitioner and the learned Public Prosecutor. Perused the material available on record.

6. The order dated 27.01.2026 passed by this Court while granting bail to the co-accused Meharban Singh is reproduced herein below for ready reference:

“This second application for bail under Section 483 BNSS has been filed by the petitioner who has been arrested in connection with FIR No.08/2024 registered at Police Station Sadar Nimbahera, District Chittorgarh, for offences under Sections 8/15, 8/25 and 8/29 of the NDPS Act.

Learned counsel submitted that as per the prosecution, during nakabandi, on 04.01.2024, a team of Police Station Sadar Nimbahera apprehended a Tata Yodha pickup having registration No.MH-12-TREV-847 which was being driven by the petitioner. On search being made, the team recovered contraband (poppy husk/straw) weighing 66.700 Kgs. The petitioner was arrested on the spot.

Learned counsel for the petitioner submitted that the petitioner has been falsely implicated in this case. Learned counsel submitted that the petitioner is in judicial custody since 04.01.2024. He further submitted that till date, out of total 21 cited prosecution witnesses, only 4 prosecution witnesses have been examined before competent Criminal Court. He further submitted that the delay in trial is not at all attributable to the petitioner. He submitted that the petitioner is in judicial custody since last more than 2 years and looking to the pace at which trial is being conducted against the present petitioner, the same is not likely to be concluded in near future.

In support of his contention, learned counsel for the petitioner placed reliance on the cases of Rabi Prakash Vs. State of Orisa (Leave to Appeal (Criminal) No.4169/2023 and Mohd Muslim @ Hussain Vs. State (NCT of Delhi) in Special Leave Petition (Crl.)

No(s).915 of 2023 On these grounds, he implored the Court to enlarge the petitioner on bail.

Per contra, learned Public Prosecutor has vehemently opposed the bail application and submitted that petitioner is facing trial for the offence under the NDPS Act and, therefore, the present bail application deserves to be rejected straightway. Learned Public Prosecutor, however, was not in position to refute the fact that in last more than 2 years, out of total 21 cited prosecution witnesses, only 4 prosecution witnesses have been examined till date.

Heard learned counsel