HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
ASHOK KUMAR JAIN
SHRAWAN – Appellant
Versus
STATE OF RAJASTHAN – Respondent
CRLMB / 6264 / 2026
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[2026:RJ-JD:23665]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 6264/2026
Shrawan S/o Babu Lal Dhaka, Aged About 26 Years, Resident Of
Khara, Police Station Karda, District Jalore At Present Lodged In
District Jail Pratapgarh
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Arvind Kumar, brother of
petitioner, present in person
For Respondent(s) : Mr. Lalit Kishor Sen, PP
HON'BLE MR. JUSTICE ASHOK KUMAR JAIN
Order
16/05/2026
1. The present bail application under Section 483 of BNSS is
filed by the applicant-accused seeking bail in respect of a
criminal case registered as FIR No.85/2026 dated
30.04.2026 registered at P.S. Parsola, District - Pratapgarh,
for the offence under Sections 8/15 of NDPS Act.
2. The representative of 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 he
undertakes not to repeat offence and cooperate with
investigation/trial, which will take time.
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3. Mr. Arvind Kumar, put in appearance on behalf of accused-
petitioner Shrawan and he submitted that Shrawan is in
custody since his arrest on 30.04.2026. He also submitted
that recovered quantity is less than commercial quantity and
there is no criminal antecedent against Shrawan. He further
submitted that the police has not complied the provision of
NDPS Act before effecting search and seizure.
4. Learned Public Prosecutor has vehemently opposed the bail
application and submitted that the allegations are grave and
serious in nature.
5. Heard representative for the petitioner-accused and learned
Public Prosecutor. Perused the material placed on record by
both the parties.
6. On 30.04.2026, SHO, PS Parsola has intercepted a Swift Car
No. GJ 09 BB 1229, which was driven by Shrawan and
Suresh Kumar was sitting with him. On search of Car, police
has recovered 40.954 Kgs. of poppy husk from 3 gunny
bags. FIR No.85/2026 under Sections 8/15 of NDPS Act was
registered at P.S. Parsola. The recovered quantity is less
than commercial quantity and there is no criminal
antecedent against the petitioner. The trial Court has
dismissed the bail of the accused-petitioner Shrawan only on
the ground that the petitioner cannot be provided benefit of
bail within ten days of his custody.
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,
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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 Shrawan S/o Babu Lal Dhaka, 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 applicant-accused shall attend the hearing of the
Trial Court on the date fixed by the Trial court or as and
when asked to appear before the Trial Court.
(ASHOK KUMAR JAIN),J
24-Anil/-
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