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2026 DAILYLAW 11330 (RAJ)

KULDEEP v. STATE OF RAJASTHAN

CRLMB/10353/2026 · 2026-08-07

Baljinder Singh Sandhu

body2026

Judgment text

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[2026:RJ-JP:37903] HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 10353/2026 CNR: RJHC010782052026 | URN: CRLMB / 22663U / 2026 Kuldeep S/o Shri Kulwant, Aged About 39 Years, Resident Of Village Chuli Kalan, Police Station Adampur, District Hisar Haryana (Presently Lodged In Sub Jail Bhadra) ----Petitioner Versus State Of Rajasthan, Through Public Prosecutor. ----Respondent For Petitioner(s) : Mr. Jogendra Singh For Respondent(s) : Mr. Hanuman Prajapati, PP assisted by Mr. Omprakash Choudhary HON'BLE MR. JUSTICE BALJINDER SINGH SANDHU Order 07/08/2026 This application for bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) has been filed by the petitioner, who has been arrested in connection with F.I.R. No. 167/2025 registered at Police Station Bhirani, District Hanumangarh, for offences under Sections 8/21 and 29 of the NDPS Act. Learned counsel for the petitioner contends that the petitioner is innocent and has been falsely implicated in this case. The allegedly recovered contraband substance (10.08 grams of Heroin) is below commercial quantity as prescribed under the NDPS Act, as such, the rigour of Section 37 of the NDPS Act is not attracted. The criminal antecedents of the petitioner are clear. The petitioner has been in judicial custody since 25.06.2026, and since [2026:RJ-JP:37903] (2 of 3) [CRLMB-10353/2026] the trial is likely to take a long time, the benefit of bail should be granted to the petitioner. Per contra, the learned Public Prosecutor has opposed the application; however, he is not in a position to refute the aforesaid submissions. Heard learned counsel for the parties and perused the material available on record. Counsel for the petitioner submits that the recovery in the present case is 10.08 grams of Heroin. After investigation, the charge-sheet has been filed, and the petitioner has been behind bars since 25.06.2026. So far as the other pending cases of similar nature are concerned, it is submitted that he has been acquitted in one similar case while two cases remain pending, and he has not been convicted in any. Hence, keeping in view the overall facts and circumstances of the case; conclusion of the trial of the case is likely to take time; the narcotic contraband alleged to be recovered from the petitioner is below commercial quantity; the prosecution has not shown any apprehension of the petitioner fleeing away from justice, in case he is enlarged on bail; but, without expressing any opinion on the merits of the case, I deem 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 - Kuldeep S/o Shri Kulwant, shall be released on bail in connection with the aforesaid FIR, it not wanted in any other case, provided he [2026:RJ-JP:37903] (3 of 3) [CRLMB-10353/2026] 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 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 119/Deepta Arora