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2026 Supreme(Online)(Raj) 14254

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
Ashok Kumar Jain, J
URN: CRLMB / 12602U / 2026
S.B. Criminal Miscellaneous Bail Application No. 6970/2026



Advocates:
For the Appellants/Petitioners: Kalu Singh Sisodiya, Ram Pratap Deora
For the Respondents: Vijay Singh Yadav

Bail may be granted in NDPS cases where the investigation is complete, no contraband was recovered from the accused, there are no criminal antecedents, and co-accused have already been released on bail.

Headnote:The applicant filed a bail application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) in connection with an FIR registered under Sections 8/15 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act. The case originated from the recovery of poppy straw from co-accused individuals, while the applicant was arrayed based on information and initially kept pending under Section 193(9) of the BNSS. The court found that no recovery was effected from the applicant and that co-accused had already been granted bail. The primary issue was whether the applicant was entitled to bail given the completion of the investigation and the lack of direct recovery. The court reasoned that since the investigation is complete, the applicant is no longer required for interrogation, and there are no criminal antecedents, the applicant should be released as the trial proceedings would take time. Thus, the instant bail application filed on behalf of applicant-accused Vikram Lal S/o Rama Ji @ Ramlal, is hereby allowed and the applicant-accused is ordered to be released on bail upon furnishing a personal bond of ₹50,000/- with two sureties of like amount to the satisfaction of the Trial Court.

Table of Content
1. factual background of the ndps case and recovery details from co-accused. (Para 1 , 6)
2. arguments regarding false implication, lack of recovery, and gravity of the offence. (Para 2 , 3 , 4)
3. court's evaluation of the necessity of custody and the status of the investigation. (Para 5 , 7)
4. grant of bail with specific conditions and administrative directions. (Para 8 , 9)

Order

1. The present bail application under Section 483 of BNSS is filed by the applicant-accused Vikram Lal S/o Rama Ji @ Ramlal, seeking bail in respect of a criminal case registered as FIR No.253/2025 dated 29.05.2025 registered at P.S. Bhawani Mandi, District - Jhalawar, for the offence under Sections 8 /15 of NDPS Act .

2. Learned counsel for the applicant submits that the applicant has been falsely implicated in the matter and the investigation against him is complete and he is no more required in investigation. He further submits that there are no chance of fleeing of applicant accused from the jurisdiction of this Hon’ble Court. He also submits that the applicant undertakes not to repeat offence and cooperate with trial, which will take time.

3. Learned counsel for the petitioner submits that no recovery has been effected from the petitioner accused and at the first instance, the investigation has been kept pending against the petitioner accused under Section 193(9) of BNSS. He further submits that the present petitioner is arrayed as an accused on basis of intimation of Rahul Kumar and Deepak Lal. He further submits that accused Deepak Lal, Rahul Kumar and Govind are already enlarged on bail and a charge-sheet has been filed.

4. Learned Public Prosecutor has vehemently opposed the bail application and submitted that the allegations are grave and serious in nature. He has also filed a report received from concerned Police Station.

5. Heard learned counsel for the petitioner-accused and learned Public Prosecutor. Perused the material placed on record.

6. On basis of a recovery effected on 29.05.2025 by Dhanraj Gochar, S.I., P.S. Bhawani Mandi, District Jhalawar from Rahul Kumar and Govind of contraband poppy straw, an FIR No.253/2025 was registered at Police Station Bhawani Mandi, District Jhalawar. The police report indicate that 3 KG 720 Grams poppy straw was recovered from Govind and 5 KG and 715 Grams poppy straw were recovered from Rahul Kumar. The police has kept investigation pending against Vikram Lal and Deepak Lal under Section 193(9) of BNSS while filing charge-sheet against Rahul Kumar and Govind. A Co-ordinate Bench of this Court has granted bail to Rahul Kumar and Govind on 31.07.2025. After arrest of Deepak for charge under Section 8 /29 of NDPS Act , he was further granted bail by a Co-ordinate Bench of this Court on 13.03.2026. After investigation, a charge-sheet has already been filed. There is no criminal antecedents against the petitioner accused and no recovery has been effected from petitioner.

7. Upon hearing the arguments and perusing the record, we have found that the applicant-accused is no more required in the investigation and he is in custody for quite some time. The further proceedings will take its own time, therefore, looking to entirety of facts and circumstances of the case and without expressing any opinion on merits of the case, the Court deems it appropriate to grant bail to the applicant-accused.

8. Thus, the instant bail application filed on behalf of applicant-accused Vikram Lal S/o Rama Ji @ Ramlal, is hereby allowed and the applicant-accused is ordered to be released on bail upon furnishing a personal bond of ₹50,000/- with two sureties of like amount to the satisfaction of the Trial Court with the following conditions:-

(i) The applicant-accused shall not tamper with evidence or influence the witness in any manner.

(ii) The applicant-accused shall not indulge in any criminal activity and shall not repeat any criminal offence punishable under the Law.

(iii) The

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