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2026 DAILYLAW 11684 (RAJ)

SANJAY RAWAT v. PROSECUTION-STATE

CRLMB/8562/2026 · 2026-08-07

Baljinder Singh Sandhu

body2026

Judgment text

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[2026:RJ-JP:37821] HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 8562/2026 CNR: RJHC010569242026 | URN: CRLMB / 18561U / 2026 Sanjay Rawat S/o Shri Madan Singh Rawat, Aged About 46 Years, R/o Village Churi Ajitgarh, Police Station Mukundgarh District Jhunjhunu (Raj.) (Presently Lodged In District Jail Chittorgarh ) ----Petitioner Versus Prosecution-State, Through Pp ----Respondent For Petitioner(s) : Mr. Himmat Jagga For Respondent(s) : Mr. Hanuman Prajapati, PP HON'BLE MR. JUSTICE BALJINDER SINGH SANDHU Order 07/08/2026 The petitioner has been arrested in connection with FIR No.101/2024 of Police Station Chittorgarh Sadar, District Chittorgarh, for the offences punishable under Sections 8/15, 8/25 and 8/29 of NDPS Act. He has preferred this bail application under Section 483 of BNSS. Learned counsel for the petitioner submits that nothing has been recovered from the petitioner and that the recovery of 258 kgs of opium (contraband) was effected from the car bearing registration No. RJ 13 UB 7900, in which Praveen and Dinesh were sitting. He further submits that the petitioner has been implicated solely on the ground that he is the registered owner of the said vehicle, whereas he had already sold the vehicle to Praveen for a consideration of Rs. 1,50,000/-. Out of the said amount, half of [2026:RJ-JP:37821] (2 of 4) [CRLMB-8562/2026] the payment had been made to the petitioner by Praveen, which fact is duly reflected in the interrogation note. He further submits that the vehicle was being escorted by Ramniwas and Shrawan Kumar, and that the co-accused persons, namely Praveen @ Pintu @ Tena, Dinesh, Ramniwas, and Shrawan Kumar, have already been enlarged on bail by the Coordinate Bench of this Court in S.B. Criminal Misc. Bail Application Nos. 13765/2025, 942/2026, 8493/2024, and 14768/2025, vide orders dated 13.03.2026, 23.02.2026, 11.07.2024, and 25.02.2026, respectively. Per contra, learned Public Prosecutor has vehemently opposed the bail application. This Court has considered the submissions advanced by learned counsel for the petitioner and finds that nothing has been recovered from the petitioner. The recovery of contraband weighing 258 kgs of opium was effected from the car bearing registration No. RJ 13 UB 7900, in which Praveen and Dinesh were sitting. Further, the petitioner has been implicated on the ground that he is the registered owner of the said vehicle, which is stated to have been sold to Praveen for a consideration of Rs. 1,50,000/-. The vehicle was being escorted by Ramniwas and Shrawan Kumar, and the co-accused persons, namely Praveen @ Pintu @ Tena, Dinesh, Ramniwas, and Shrawan Kumar, have already been enlarged on bail by the Coordinate Bench of this Court. The case of the petitioner stands on a similar footing as that of the co-accused persons. Having regard to the material presently available on record, the absence of recovery from the conscious possession of the [2026:RJ-JP:37821] (3 of 4) [CRLMB-8562/2026] petitioner, the nature of the evidence collected during investigation, this Court is of the prima facie opinion that reasonable grounds exist for believing that the petitioner may not be guilty of the alleged offence. There is also nothing on record to indicate that, if released on bail, he is likely to commit any offence while on bail. Consequently, for the limited purpose of deciding the present application, the rigours contained in Section 37 of the NDPS Act stand satisfied. Hence, keeping in view of the fact that conclusion of the trial of the case is likely to take time; and the prosecution has not shown any apprehension of the petitioner fleeing away from justice, in case they are 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 – Sanjay Rawat S/o Madan Singh Rawat, shall be released on bail in connection with aforesaid FIR, if not wanted in any other case, provided they execute 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 their appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial. It is, however, made clear that the observations made herein are only for the purpose of deciding the present bail application and shall not be construed as an expression of opinion on the merits of the case. The learned trial Court shall decide the matter [2026:RJ-JP:37821] (4 of 4) [CRLMB-8562/2026] independently, uninfluenced by any observations contained in this order. (BALJINDER SINGH SANDHU),J 77/Jatin Kumar