HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
ASHOK KUMAR JAIN
RUPESH KUMAR – Appellant
Versus
STATE OF RAJASTHAN – Respondent
CRLMB / 6188 / 2026
##PAGE1##
[2026:RJ-JD:23702]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 6188/2026
1. Rupesh Kumar S/o Brij Lal, Aged About 30 Years,
Resident Of Mahadev Wali Chhatargarh, Tehsil
Chhatargarh, District Bikaner, Rajasthan. (Presently
Lodged In Sub Jail, Anoopgarh)
2. Kanaram S/o Devilal, Aged About 36 Years, Resident Of
Mahadev Wali Chhatargarh, Tehsil Chhatargarh, District
Bikaner, Rajasthan. (Presently Lodged In Sub Jail,
Anoopgarh)
3. Hukumaram S/o Udaram, Aged About 23 Years, Resident
Of Kalyansingh Seedh, Police Station Baap, District
Phalodi, Rajasthan. (Presently Lodged In Sub Jail,
Anoopgarh)
----Petitioners
Versus
State Of Rajasthan, Through Pp
----Respondent
Connected With
S.B. Criminal Miscellaneous Bail Application No. 6191/2026
Chandra Prakash S/o Shyam Sundar, Aged About 30 Years, R/o
Ward No.19, Anoopgarh, Tehsil Anoopgarh, District Sri
Ganganagar (Raj). (Presently Lodged In Sub Jail, Anoopgarh)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Devender Singh Thind
Mr. Amit Kumar
For Respondent(s) : Lalit Kishore Sen
HON'BLE MR. JUSTICE ASHOK KUMAR JAIN
Order
14/05/2026
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1. These bail applications under Section 483 of BNSS are filed
by the applicants-accused seeking bail in respect of a
criminal case registered as FIR No.222/2026 dated
04.05.2026 registered at P.S. Anupgarh, District – Ganga
Nagar, for the offence under Sections 8/18, 25 of NDPS Act.
2. Learned counsel for the applicants submits that the
applicants have been falsely implicated in the matter and the
investigation against them is complete and they are no more
required in investigation. They further submits that there are
no chance of fleeing of applicant accused from the
jurisdiction of this Hon’ble Court. The applicants do not have
any criminal antecedents. They also submits that the
applicants undertakes not to repeat offence and cooperate
with investigation/trial, which will take time.
3. Learned counsel for petitioners submits that police has not
complied mandatory provisions under the NDPS Act before
effecting search and seizure. He further submitted that no
opportunity has been granted to be searched in presence of
Magistrate. Learned counsel on behalf of accused-petitioners
Rupesh Kumar, Kanaram and Hukumaram has submitted
that joint recovery has been effected from a car and the
recovered contraband is less than commercial. He further
submitted that there is one criminal case under IPC against
Hukumaram, but there is no criminal antecedents against
Rupesh Kumar and Kanaram. Learned counsel for Chandra
Prakash has submitted that on basis of information of a
co-accused person, petitioner was arrayed as an accused
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under Section 29 of NDPS Act and there are no criminal
antecedents against present petitioners.
4. Learned Public Prosecutor has vehemently opposed the bail
applications and submitted that the allegations are grave
and serious in nature.
5. Heard learned counsel for the parties and learned Public
Prosecutor. Perused the material placed on record by both
the parties.
6. On 4th of May 2026, SHO, PS Anoopgarh has intercepted a
car driven by the accused-petitioner Rupesh Kumar and
accompanied with Kanaram and Hukumaram was searched.
On search, police has recovered 88 grams of Opium and
registered FIR No.222/2026 under Sections 8/18, 25 of
NDPS Act. The recovered quantity of 88 grams of Opium is
less than commercial. There is one criminal case under
Section 379/34 of IPC against Huumaram but no criminal
antecedents against others. Accused-petitioner Chandra
Prakash is arrayed under Section 29 of the NDPS Act.
7. Upon hearing the arguments and perusing the record, we
have found that the applicants-accused are no more required
in the investigation and they are
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