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[2026:RJ-JD:23384]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

S.B. Criminal Miscellaneous Bail Application No. 5620/2026

Suresh Kumar S/o Sitaram, Aged About 47 Years, R/o Ward No.

14, Bharatiya Wali Dhani, Ratangarh, Police Station Ratangarh,

District Churu. (At Present Lodged At Dist. Churu)

----Petitioner

Versus

State Of Rajasthan, Through P.p.

----Respondent

For Petitioner(s) : Mr. Devi Singh

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

HON'BLE MR. JUSTICE ASHOK KUMAR JAIN

Order

13/05/2026

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

filed by the applicant-accused Suresh Kumar S/o Sitaram

seeking bail in respect of a criminal case registered as FIR No.

95/2026 dated 26.04.2026 registered at P.S. Kotwali Churu,

District -Churu, for the offence under Sections 8/20 and 8/25 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 submitted that the police

has not complied with the mandatory provisions of the NDPS Act

before effecting the search and seizure. He also submitted that

the opportunity of search in the presence of a Magistrate has not

been provided to the petitioner. He further submitted that the

alleged recovery of ganja from the applicant is less than the

commercial quantity and that there is no criminal antecedent

against the applicant.

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 26.04.2026, Kishni Ram, In-charge SHO, Police Station

Kotwali, District Churu, stopped a scooty being driven by the

present applicant and, upon search, recovered 12.06 kg of ganja.

FIR No. 95/2026 for offences under Sections 8/20 and 25 of the

NDPS Act was registered at Police Station Kotwali.

The present applicant is in custody since 06.04.2026. The

recovered quantity is less than the commercial quantity. There is

no criminal antecedent against the applicant.

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

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opinion on merits of the case, the Court deems it appropriate to

grant bail to the applicant-accused.

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

accused Suresh Kumar S/o Sitaram 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