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2026 DAILYLAW 11565 (RAJ)

ANIL KUMAR v. STATE OF RAJASTHAN

CRLMB/7827/2026 · 2026-08-07

Baljinder Singh Sandhu

body2026

Judgment text

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[2026:RJ-JP:37758] HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 7827/2026 CNR: RJHC010570732026 | URN: CRLMB / 17174U / 2026 Anil Kumar S/o Mohan Ram, Aged About 25 Years, Resident Of Kolu Nimbayat Police Station Lohawat, District Phalodi (Lodged In Sub Jail, Pokran) ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Manphool For Respondent(s) : Mr. Hanuman Prajapati, PP HON'BLE MR. JUSTICE BALJINDER SINGH SANDHU Order 07/08/2026 This application for bail under Section 483 BNSS (439 Cr.P.C.) has been filed by the petitioner who has been arrested in connection with F.I.R. No.22/2025 registered at Police Station Nokh, District Phalodi, for offences under Sections 8/15, 29 of the NDPS Act. Learned counsel for the petitioner submitted that the contraband recovered is 4.550 Kg Poppy Straw/Husk which is below commercial quantity and the same is recovered from co- accused Ugrasen and nothing has been recovered from the petitioner. After investigation charge-sheet has also been filed. So far there are two cases pending against the petitioner under NDPS Act in which he has not been convicted. Learned counsel submitted that the petitioner is in judicial custody and the trial of [2026:RJ-JP:37758] (2 of 3) [CRLMB-7827/2026] the case will take sufficiently long time, therefore, the benefit of bail may be granted to the accused-petitioner. Per contra, learned Public Prosecutor has opposed the bail application. This Court has considered the rival submissions, facts and circumstances of the case as well as perused the material available on record. the contraband recovered is 4.550 Kg Poppy Straw/Husk which is below commercial quantity and the same is recovered from co-accused Ugrasen and nothing has been recovered from the petitioner. After investigation charge-sheet has also been filed. So far there are two cases pending against the petitioner under NDPS Act in which he has not been convicted. The petitioner is in judicial custody. 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 has not been recovered from the petitioner; 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. Consequently, the bail application under Section 483 BNSS (439 Cr.P.C.) is allowed. It is ordered that the accused-petitioner Anil Kumar S/o Mohan Ram arrested in connection with FIR No.22/2025 registered at Police Station Nokh, District Phalodi, 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 [2026:RJ-JP:37758] (3 of 3) [CRLMB-7827/2026] 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 49/Mayank Chouhan