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2026 DAILYLAW 11286 (RAJ)

RICHPAL BHAKHAR v. STATE OF RAJASTHAN

CRLMB/10237/2026 · 2026-08-06

Baljinder Singh Sandhu

body2026

Judgment text

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[2026:RJ-JP:37557] HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 10237/2026 CNR: RJHC010770622026 | URN: CRLMB / 22436U / 2026 Richpal Bhakhar S/o Shiatan Ram, Aged About 33 Years, R/o Police Station Khuchera, District Nagaur, At Present Deep Colony, Police Station Kotwali, District Nagaur (Presently Lodged At District Jail Nagaur) ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Vijay Bishnoi For Respondent(s) : Mr. Hanuman Prajapati, PP HON'BLE MR. JUSTICE BALJINDER SINGH SANDHU Order 06/08/2026 Heard learned counsel for the parties, and perused the material available on record. The petitioner has been arrested in connection with FIR No.58/2026 of Police Station Mundwa, District Nagaur, for the offences punishable under Sections 8/29 of NDPS Act. He has preferred this bail application under Section 483 of BNSS. Learned counsel for the petitioner submits that the alleged contraband, namely 20.78 grams of smack and 12.33 grams of MD, was not recovered from the conscious possession of the petitioner. It is submitted that the said contraband was recovered from Mahipal and that the recovered quantity is below the commercial quantity. It is further submitted that the petitioner has no criminal antecedents under the NDPS Act. Learned counsel further submits that, after completion of the investigation, the charge-sheet has been filed. The petitioner has been in judicial [2026:RJ-JP:37557] (2 of 3) [CRLMB-10237/2026] custody since 07.07.2026, and the trial is likely to take a considerable time to conclude. Per contra, learned Public Prosecutor has vehemently opposed the bail application. This Court has considered the arguments advanced by learned counsel for the petitioner and finds that the alleged contraband, namely 20.78 grams of smack and 12.33 grams of MD, was not recovered from the petitioner. The said contraband was recovered from Mahipal, and the recovered quantity is below the commercial quantity. After completion of the investigation, the charge-sheet has been filed. Further, the petitioner has no criminal antecedents under the NDPS Act and has been in judicial custody since 07.07.2026. . Hence, keeping in view of the fact that conclusion of the trial of the case is likely to take time. The recovered contrband is below commercial quantity and the prosecution has not shown any apprehension of the petitioner fleeing away from justice, in case he is enlarged on bail and without expressing any opinion on the merits of the case, this Court deems it just and proper to grant bail to the petitioner under Section 483 of BNSS. Accordingly, this bail application filed under Section 483 of BNSS is allowed and it is directed that petitioner – Richpal Bhakhar S/o Shaitanram, shall be released on bail in connection with aforesaid FIR, if not wanted in any other case, provided he executes a personal bond in the sum of Rs.1,00,000/- with two sound and solvent sureties of Rs.50,000/- each to the satisfaction of learned trial court for his appearance before that [2026:RJ-JP:37557] (3 of 3) [CRLMB-10237/2026] court on each and every date of hearing and whenever called upon to do so till the completion of the trial. (BALJINDER SINGH SANDHU),J 56/Jatin Kumar