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2026 DAILYLAW 11397 (RAJ)

HEERA LAL v. STATE OF RAJASTHAN

CRLMB/9935/2026 · 2026-08-07

Baljinder Singh Sandhu

body2026

Judgment text

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[2026:RJ-JP:37824] HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 9935/2026 CNR: RJHC010742902026 | URN: CRLMB / 21734U / 2026 Heera Lal S/o Niranjan, Aged About 45 Years, Modiya Falan Jhonthari Police Station Chourasi District Dungarpur. (Lodged At Dist, Jail Dungarpur) ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Manoj Pareek Mr. Hemak Vaishnav For Respondent(s) : Mr. Hanuman Prajapati, PP HON'BLE MR. JUSTICE BALJINDER SINGH SANDHU Order 07/08/2026 Heard learned counsel for the parties and perused the material available on record. The petitioner has been arrested in connection with FIR No. 135/2026 registered at Police Station Chaurasi, District Dungarpur, for the offences punishable under Sections 8/20 of the NDPS Act. The present bail application has been preferred under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023. Learned counsel for the petitioner submits that the alleged recovery of 10 kg of ganja has been effected from the field of the petitioner, which is below the commercial quantity prescribed under the NDPS Act. It is further submitted that the petitioner has no criminal antecedents of a similar nature, has remained in [2026:RJ-JP:37824] (2 of 3) [CRLMB-9935/2026] judicial custody since 17.06.2026, and the trial is likely to take considerable time to conclude. Per contra, learned Public Prosecutor has vehemently opposed the bail application. This Court has considered the submissions advanced by learned counsel for the parties and perused the material available on record. It is not disputed that the alleged recovery from the field of the petitioner is 10 kg of ganja, which is below the commercial quantity. It is also not disputed that the petitioner has no criminal antecedents of a similar nature and has remained in judicial custody since 17.06.2026. Hence, keeping in view the overall facts and circumstances of the case, particularly the fact that the alleged recovery is below the commercial quantity, the petitioner has no criminal antecedents of a similar nature, the trial is likely to take considerable time to conclude, and the prosecution has not pointed out any apprehension of the petitioner fleeing from justice or tampering with the evidence if enlarged on bail, but without expressing any opinion on the merits of the case, this Court deems it just and proper to enlarge the petitioner on bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023. Accordingly, the present bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 is allowed. It is directed that the petitioner, Heera Lal S/o Niranjan, shall be released on bail in connection with the aforesaid FIR, if not wanted in any other case, provided he furnishes a personal bond [2026:RJ-JP:37824] (3 of 3) [CRLMB-9935/2026] in the sum of Rs.1,00,000/- along with two sound and solvent sureties of Rs.50,000/- each to the satisfaction of the learned trial Court, for his appearance before the said Court on each and every date of hearing and whenever called upon to do so till the conclusion of the trial. (BALJINDER SINGH SANDHU),J 98/Hanuman