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2026 DAILYLAW 11458 (RAJ)

ARJUN SINGH v. STATE OF RAJASTHAN

CRLMB/2246/2026 · 2026-08-07

Baljinder Singh Sandhu

body2026

Judgment text

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[2026:RJ-JP:37579] HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 2246/2026 CNR: RJHC010149162026 | URN: CRLMB / 5090U / 2026 Arjun Singh S/o Devi Singh, Aged About 27 Years, R/o Gomana Diat Partapgath Rajasthan (At Present Lodged In Dist. Jail Sirohi) ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Ram Niwas For Respondent(s) : Mr. Hanuman Prajapati, PP assisted by Mr. Omprakash Choudhary HON'BLE MR. JUSTICE BALJINDER SINGH SANDHU Order 07/08/2026 The petitioner has been arrested in connection with FIR No.331/2022 registered at Police Station Pindwara, District Sirohi, for the offences punishable under Sections 8/15 and 29 of the NDPS Act. He has preferred the present bail application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023. Learned counsel for the petitioner submits that the case set up against the petitioner rests solely on the statement of co- accused Shiv Narayan, who has alleged that the recovered contraband of 2 quintal 7kg and 500 grams had been purchased from the petitioner. It is submitted that, as per the prosecution case, Shiv Narayan thereafter loaded the contraband into the vehicle of co-accused Ashok Kumar and Vikram Kumar. Learned counsel submits that the petitioner has merely been implicated on [2026:RJ-JP:37579] (2 of 4) [CRLMB-2246/2026] the basis of the statement of the co-accused and there is no independent evidence available on record connecting him with the alleged offence. It is further submitted that the persons from whom the alleged recovery was effected, namely Ashok Kumar and Shiv Narayan, have already been enlarged on bail by Coordinate Benches of this Court vide orders dated 04.08.2025 and 08.04.2024, respectively. It is further submitted that the petitioner has been connected with the alleged offence only on the basis of mobile phone conversations between him and co-accused Shiv Narayan, which were found in the mobile phone recovered from the vehicle of co- accused Ashok Kumar. Learned counsel submits that except for such conversations and the statement of the co-accused, there is no material available against the petitioner. Learned counsel further submits that in the aforesaid circumstances, particularly when co-accused Shiv Narayan has already been enlarged on bail vide order dated 08.04.2026, the petitioner also deserves to be granted the same benefit. It is submitted that only one criminal case under the NDPS Act is registered against Shiv Narayan and he has not been convicted therein. It is further submitted that one criminal case is registered against Shiv Narayan and three criminal cases are registered against Ashok Kumar. Learned Public Prosecutor has vehemently opposed the bail application. [2026:RJ-JP:37579] (3 of 4) [CRLMB-2246/2026] This Court has considered the submissions advanced by learned counsel for the parties and perused the material available on record. The case set up against the petitioner is that there were telephonic conversations between the petitioner and co-accused Shiv Narayan, as reflected from the mobile phone recovered from the vehicle of co-accused Ashok Kumar. Apart from such conversations, the petitioner has been implicated on the basis of the information furnished by co-accused Shiv Narayan, wherein it has been alleged that the contraband had been purchased from the petitioner. Except for the statement of the co-accused and the aforesaid mobile phone conversations, no independent material has been pointed out by the prosecution to connect the petitioner with the alleged offence. Investigation has been completed and the charge-sheet has already been filed. Moreover, the co-accused persons have already been enlarged on bail by Coordinate Benches of this Court and the case of the present petitioner appears to be at par with them. In the opinion of this Court, substantial grounds exists in favour of the petitioner to question the prosecution case and, therefore, no fruitful purpose would be served by keeping him in continued detention till conclusion of the trial. This Court further finds that the rigors of Section 37 of NDPS Act stand duly satisfied in the present case. Accordingly, without expressing any opinion on the merits or demerits of the case, this Court is of the opinion that the bail application filed by the petitioner deserves to be accepted. [2026:RJ-JP:37579] (4 of 4) [CRLMB-2246/2026] Hence, keeping in view the fact that the conclusion of trial is likely to take a long time and 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. Consequently, the bail application under Section 483 BNSS (439 Cr.P.C.) is allowed. It is ordered that the accused-petitioner Arjun Singh S/o Devi Singh arrested in connection with FIR No.331/2022 registered at Police Station Pindwara, District Sirohi, 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. (BALJINDER SINGH SANDHU),J 10/Deepta Arora