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2026 Supreme(Online)(Raj) 14980

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

(Uploaded on 18/05/2026 at 04:23:18 PM)

(Downloaded on 19/05/2026 at 12:01:13 AM)

##PAGE2##

[2026:RJ-JD:23702] (2 of 4) [CRLMB-6188/2026]

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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##PAGE3##

[2026:RJ-JD:23702] (3 of 4) [CRLMB-6188/2026]

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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