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[2026:RJ-JD:23034]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

S.B. Criminal Miscellaneous 2^nd Bail Application No. 5519/2025

Badhsah Khan S/o Amirullah Khan, Aged About 40 Years, R/o

Kotri Police Station Kotri District Pratapgarh Rajasthan (Presently

Lodged In Dist Jail Pratapgarh)

----Petitioner

Versus

State Of Rajasthan, Through Public Prosecutor

----Respondent

For Petitioner(s) : Mr. Vijay Kumar Gaur

For Respondent(s) : Mr. Narendra Gehlot, PP

HON'BLE MR. JUSTICE KULDEEP MATHUR

Order

13/05/2026

1. This second application for bail under Section 483 of BNSS

(439 Cr.P.C.) has been filed by the petitioner who has been

arrested in connection with F.I.R. No.25/2023 registered at Police

Station Arnod, District Pratapgarh, for offence under Section 8/29

of the NDPS Act.

2. Heard learned counsel for the petitioner and learned Public

Prosecutor. Perused the material available on record.

3. Learned counsel for the petitioner submitted that as per the

prosecution, contraband (poppy husk/straw) weighing 137 kgs. in

6 plastic sacks was recovered from a mini truck- tempo bearing

registration No.MP-43-L-2714. Learned counsel for the petitioner

submitted that petitioner has been implicated in the present case

solely on the basis of disclosure statements of co-accused without

there being any direct or circumstantial evidence available on

record regarding his involvement in the alleged crime. He further

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submitted that co-accused Mangilal (S.B. Criminal Misc. Bail

Application No.6527/2025), Zahid (S.B. Criminal Misc. Bail

Application No.8868/2025), Dheeraj (S.B. Criminal Misc. Bail

Application No.357/2025) and Areef @ Kale Khan (S.B. Criminal

Misc. Bail Application No.5140/2025) have already been enlarged

on bail by Coordinate Benches of this Court.

4. Lastly, learned counsel submitted that the petitioner is in

judicial custody since 31.10.2024; contraband was not recovered

from the conscious possession of the present petitioner and trial of

the case will take sufficiently long time, therefore, the benefit of

bail may be granted to the accused-petitioner.

5. Per contra, learned Public Prosecutor has vehemently

opposed the bail application. However, learned Public Prosecutor

was not in a position to refute the fact that contraband (poppy

husk) was not recovered from the conscious possession of the

petitioner. He was also not in a position to refute the fact that the

above named co-accused have already been enlarged on bail by

this Court.

6. Having considered the rival submissions, facts and

circumstances of the case, particularly the fact that the above

named co-accused have already been enlarged on bail; no

recovery has been effected from conscious possession of the

petitioner and trial will take long time in its conclusion but without

expressing any opinion on merits/demerits of the case, this Court

is inclined to enlarge the petitioner on bail.

7. Consequently, this second bail application under Section 483

BNSS is allowed. It is ordered that the accused-petitioner

Badshah Khan S/o Shri Amirullah Khan arrested in connection

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with F.I.R. No.25/2023 registered at Police Station Arnod, Dist.

Pratapgarh, shall be released on bail, if not wanted in any other

case, provided he furnishes a personal bond of Rs.1,00,000/- and

two sureties of Rs.50,000/- each, to the satisfaction of learned

trial court, for his appearance before that court on each & every

date of hearing and whenever called upon to do so till completion

of the trial.

8. It is however, made clear that findings recorded/observations

made above are for limited purposes of adjudication of bail

application. The trial court shall not get prejudiced by the same.

(KULDEEP MATHUR),J

244-1/-Sudhir

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