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[2026:RJ-JD:23676]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

S.B. Criminal Miscellaneous Bail Application No. 5755/2026

Rameshwar Lal S/o Lichman Ram, Aged About 46 Years, R/o

Near Gaushala, Deh, Police Station Surpaliya, District Nagaur.

(At Present Lodged In District Jail Nagaur)

----Petitioner

Versus

State Of Rajasthan, Through The Public Prosecutor

----Respondent

For Petitioner(s) : Mr. Shailendra Gwala

For Respondent(s) : Mr. Hathi Singh Jodha, PP

HON'BLE MR. JUSTICE ASHOK KUMAR JAIN

Order

14/05/2026

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

filed by the applicant-accused Rameshwar Lal S/o

Lichman Ram seeking bail in respect of a criminal case

registered as FIR No. 03/2026 dated 23.01.2026, registered

at P.S. Surpaliya, District- Nagaur, 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 investigation/trial, which will take time.

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3. Learned counsel for the petitioner submits that the police

has not complied with the mandatory provisions under the

NDPS Act before conducting the search and seizure. He

further submits that no opportunity was granted to the

petitioner to be searched in the presence of a Magistrate. He

also submits that the quantity of poppy husk recovered is

less than the commercial quantity and that the petitioner has

no criminal antecedents.

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. On 23.01.2026, the SHO of P.S. Surpaliya conducted a

search of the house of the present petitioner in his absence

and recovered and seized 34.5 kg of poppy husk from two

gunny bags. FIR No. 3/2026, under Sections 8/15 of the

NDPS Act, was registered at P.S. Surpaliya. The present

petitioner was arrested on 25.04.2026. The recovered

quantity is less than the commercial quantity, and the

petitioner has no criminal antecedents.

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,

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the Court deems it appropriate to grant bail to the applicant-

accused.

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

accused Rameshwar Lal S/o Lichman Ram, 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.

(iv) In case of any violation of above conditions, the bail

granted to the applicant-accused shall be liable to be

canceled.

9. The Registry is directed to send a copy of this order to the

Trial Court through