[2026:RJ-JD:11853]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 1686/2026 Bala Ram S/o Shri Uda Ram, Aged About 30 Years, Resident Of Hathitala, Police Station Barmer Sadar, District Barmer, Rajasthan.

(At Present Lodged In Dist. Jail Pratapgarh)

----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Vijay Kumar Gaur, Adv.

For Respondent(s) : Mr. Lalit Kishore Saini, PP HON'BLE MR. JUSTICE PRAVEER BHATNAGAR

Order

12/03/2026

1. The instant bail application has been filed under Section 483 BNSS on behalf of accused-petitioner. The accused-petitioner has been arrested in connection with FIR No.409/2021 registered at Police Station Chhoti Sadari, District Pratapgarh, for the offence(s) under Section 8/15 and 8/29 of the NDPS Act and Section 3/25 of the Arms Act.

2. Learned counsel for the accused-petitioner submits that the accused-petitioner has falsely been implicated for the offence under Section 8/29 of the N.D.P.S. Act, solely on the disclosure statement of the other co-accused Karu Lal, who was apprehended at the spot by the Police. It is contended that commercial quantity of 241.17 kilogram of poppy straw was recovered from the other co-accused Karu Lal and he disclosed the name of the present petitioner along with the other co-accused. It is contended that the other co-accused have already been enlarged on bail and apart from the disclosure statements of other co-accused, there is no other substantive evidence available on record implicating the petitioner Baluram in the alleged offence. It is further contended that the accused-petitioner is in custody since 26.04.2025 and the charge-sheet has already been submitted and trial of the case may take considerable time, therefore, the bail application of the accused-petitioner may be allowed.

3. Learned Public Prosecutor has vehemently opposed the bail application and contended that the petitioner remained absent for almost 4 years and thereafter he was arrested through production warrant. It is also contended that the petitioner is a habitual offender and against him one case was registered under the N.D.P.S. Act, therefore, considering the above facts, the bail application of the accused-petitioner may be dismissed.

4. Heard and perused the material available on record.

5. Considering the fact that the petitioner has remained in custody since long and other similarly placed co-accused have already been enlarged on bail and without expressing anything on the merits of the case, I deem it just and proper to enlarge the accused-petitioner on bail.

6. Accordingly, the bail application under Section 483 BNSS is allowed and it is ordered that the accused-petitioner-Bala Ram S/o Shri Uda Ram, in connection with FIR No.409/2021 registered at Police Station Chhoti Sadari, District Pratapgarh, shall be enlarged on bail provided he furnishes a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge for his appearance before the court concerned on all the dates of hearing and as and when called upon to do so.

(PRAVEER BHATNAGAR),J Ashwani Kr Srivastava/-88