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2026 DAILYLAW 12995 (RAJ)

CHANCHAL SONI S/O SHRI KISHANCHAND SONI v. STATE OF RAJASTHAN

CRLMB/11339/2026 · 2026-08-04

Ashok Kumar Jain

body2026

Judgment text

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[2026:RJ-JP:30259] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous 2nd Bail Application No. 11339/2026 CNR: RJHC020674022026 | URN: CRLMB / 20941U / 2026 Chanchal Soni S/o Shri Kishanchand Soni, Aged About 46 Years, R/o Malniyo Ka Chuwak, Gau Ghat Ke Saamne, Badi Basti, Pushkar, Ajmer (Presently Confined In Judicial Custody At Central Jail, Ajmer). ----Petitioner Versus State Of Rajasthan, Through P.P. ----Respondent For Petitioner(s) : Mr. Garvit Khandelwal For Respondent(s) : Mr. Vijay Singh Yadav, PP HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 04/08/2026 1. The present second bail application under Section 483 of BNSS is filed by the applicant-accused Chanchal Soni S/o Shri Kishanchand Soni, seeking bail in respect of a criminal case registered as FIR No.106/2026 dated 14.04.2026 registered at P.S. Krishnaganj District - Ajmer, for the offence under Sections 3/4 of the Rajasthan Public Gambling Ordinance, Section 112(2) of BNS and Section 8/20 of NDPS Act. 2. Learned counsel for the applicant submits that the applicant has been falsely implicated in the matter and the investigation against him is complete and he is no more required in investigation. He further submits that there are no chance of fleeing of applicant accused from the [2026:RJ-JP:30259] (2 of 4) [CRLMB-11339/2026] jurisdiction of this Hon’ble Court. He also submits that the applicant undertakes not to repeat offence and cooperate with trial, which will take time. 3. Learned counsel for the petitioner submits that the recovery has been from effected from Dilip Mali and he was enlarged on bail by this Court on 04.05.2026. He further submits that charge-sheet has already been filed after investigation. He submits that the petitioner is charged under Section 8/29 of NDPS Act and the petitioner is not involved in any of the organized crime as charged by police under Section 112(2) of BNS. 4. Learned Public Prosecutor has vehemently opposed the bail application and submitted that the allegations are grave and serious in nature. 5. Heard learned counsel for the petitioner-accused and learned Public Prosecutor. Perused the material placed on record by both the parties. 6. On 04.05.2026, this Court has considered bail application of the present petitioner and Dilip Mali and while allowing bail application of Dilip Mali has observed as under:- "6. In the night of 13th/14th April, 2026, Ugma Ram (S.I.) has searched Hotel Rawat, wherein in Room No.118, he found 4-5 persons indulged in gambling. At the time of proceedings, Charas was also recovered. After the proceedings, the report is filed and FIR under Section 112(2) of BNS and Section 8/20 of NDPS Act along with Section 3/4 of RPGO was registered. Police has arrested Chanchal Soni and during interrogation, it has come to notice that Chanchal Soni has purchased contraband/Charas from Dilip Mali, hence Dilip Mali arrayed as an accused. The investigation is in progress. [2026:RJ-JP:30259] (3 of 4) [CRLMB-11339/2026] 7. Learned Trial Court has referred two criminal cases against Chanchal Soni, one is relating to Section 3/4 RPGO, which was decided, as he was convicted. Another case is relating to FIR No.119/2026 P.S. Pushkar under Section 8/29 of NDPS Act. A copy of FIR is placed on record, wherein also on 13.04.2026, SHO, P.S. Pushkar has seized 127 grams contraband (Charas) from possession of Pradeep Parashar. During interrogation, Pardeep Parashar has named Chanchal Soni, as the person, who sold Charas to him. There is no criminal antecedents against Dilip Mali. No recovery was effected from Dilip Mali. Considering the material placed on record and also the evidence collected till date, it is appropriate to grant bail to Dilip Mali, but considering another case under the NDPS Act of same year, this is not a fit case to enlarge bail to Chanchal Soni." 7. Now the investigation has completed and the police has filed charge-sheet against Arvind Pareek, Arvind Mahesawari, Manoj Sharma, Mahender Singh, Chanchal Soni and Dileep. The present petitioner is charged for the offence under Section 112(2) of BNS, 3/4 of RPGO and 8/20 of NDPS Act. The recovered quantity of contraband is less than commercial and recovery is effected from a hotel room. Two criminal cases were registered against the petitioner and out of which one has been disposed. Now investigation has been complete and charge-sheet has already been filed. Other accused who is charged for lesser offence has already been granted bail. 8. Upon hearing the arguments and perusing the record, we have found that the applicant-accused is no more required in the investigation and he is in custody for quite some time. The further proceedings will take its own time, therefore, looking to entirety of facts and circumstances of the case [2026:RJ-JP:30259] (4 of 4) [CRLMB-11339/2026] and without expressing any opinion on merits of the case, the Court deems it appropriate to grant bail to the applicant- accused. 9. Thus, the instant 2nd bail application filed on behalf of applicant-accused Chanchal Soni S/o Shri Kishanchand Soni, is hereby allowed and the applicant-accused is ordered to be released on bail upon furnishing a personal bond of ₹50,000/- with two sureties of like amount to the satisfaction of the Trial Court with the following conditions:- (i) The applicant-accused shall not tamper with evidence or influence the witness in any manner. (ii) The applicant-accused shall not indulge in any criminal activity and shall not repeat any criminal offence punishable under the Law. (iii) The applicant-accused shall attend the hearing of the Trial Court on the date fixed by the Trial court or as and when asked to appear before the Trial Court. (iv) In case of any violation of above conditions, the bail granted to the applicant-accused shall be liable to be canceled. 10. The Registry is directed to send a copy of this order to the Trial Court through E-mail. (ASHOK KUMAR JAIN),J 7/MR