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[2026:RJ-JD:24073]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

S.B. Criminal Miscellaneous Bail Application No. 5747/2026

Ashu Ram S/o Tulsaram, Aged About 35 Years, R/o Viyo Ka

Goliya Punasa, P.S. Bhinmal, District Jalore.

(Presently Lodged At Central Jail Udaipur)

----Petitioner

Versus

State Of Rajasthan, Through Pp

----Respondent

For Petitioner(s) : Mr. Birbal Ram

For Respondent(s) : Mr. Urja Ram Kalbi, PP

HON'BLE MR. JUSTICE ASHOK KUMAR JAIN

Order

15/05/2026

1. The present bail application under Section 483 of BNSS is

filed by the applicant-accused Ashu Ram S/o Tulsaram

seeking bail in respect of a criminal case registered as FIR

No.74/2026 dated 23.04.2026 registered at Police Station

Bhinder, District Udiapur, for the offence under Sections

8/18, 30 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 investigation/trial, which will take time.

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3. Learned counsel for the applicant-accused submits that the

police did not comply with the mandatory provisions of the

NDPS Act before effecting the search and seizure and did not

afford the applicant an opportunity to be searched in the

presence of a Magistrate. He further submits that the

recovered quantity of 5.31 grams of opium is below the

commercial quantity. He submits that there is no evidence to

establish that the applicant intended to purchase 3 kg of

opium with the cash amount of ₹70,000/- allegedly found in

possession of accused at the time of search. He further

submits that, in the only criminal case registered against the

applicant-accused, he was already released on bail by this

Hon’ble Court vide order dated 20.12.2021.

4. Learned Public Prosecutor has vehemently opposed the bail

application and submitted that the allegations are grave and

serious in nature.

5. Heard learned counsel for the petitioner-accused and learned

Public Prosecutor. Perused the material placed on record by

both the parties.

6. In the intervening night of 22/23 April, 2026, the SHO, Police

Station Bhinder, District Udaipur, intercepted a motorcycle

and found that three persons, namely Bhupendra Kumar,

Ashu Ram, and Suresh Kumar, were in suspicious

circumstances. Upon search, the police recovered cash

amounting to ₹70,000/- from Ashu Ram and Suresh Kumar,

which was allegedly to be utilized towards payment for the

purchase of 3 kg of opium. The police also recovered 5.31

grams of opium from the possession of Bhupendra Kumar.

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Consequently, FIR No. 74/2026 dated 23.04.2026 under

Sections 8/18 and 30 of the NDPS Act was registered at

Police Station Bhinder, District Udaipur. The applicant-

accused was earlier released on bail in FIR No. 48/2020 of

Police Station Bagra, District Jalore, by a Coordinate Bench

of this Court vide order dated 20.12.2021.

7. This Court also finds that the applicant-accused has

remained in custody for a considerable period of time and

that the trial/proceedings are likely to take further time to

conclude. Therefore, looking to the entirety of the facts and

circumstances of the case and without expressing any

opinion on the merits thereof, this Court deems it

appropriate to grant bail to the applicant-accused.

8. Thus, the instant bail application filed on behalf of applicant-

accused Ashu Ram S/o Tulsaram, 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