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2026 DAILYLAW 16188 (RAJ)

BHURALAL S/O SHRI CHUNNI LAL v. STATE OF RAJASTHAN

CRLMB/1448/2026 · 2026-01-30

Praveer Bhatnagar

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Judgment text

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[2026:RJ-JP:4299] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 1448/2026 Bhuralal S/o Shri Chunni Lal, Aged About 42 Years, R/o Chote Mandir Ke Pas Kundala Police Kukdeshwar District Neemuch (Madhya Pradesh) (At Present Accused Petitioner Confined Central Jail Kota). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Shyam Bihari Gautam For Respondent(s) : Mr. Manvendra Singh, PP HON'BLE MR. JUSTICE PRAVEER BHATNAGAR Order 30/01/2026 1. The instant bail application has been filed under Section 483 BNSS on behalf of accused-petitioners. The petitioner has been arrested in connection with FIR No.80/2024 registered at Police Station R.K. Puram, District Kota City for the offence(s) under Section 8/15 of NDPS Act. 2. Learned counsel for the accused-petitioner submits that the accused-petitioners have falsely been implicated in this case. He further submits that the commercial quantity of poppy straw containing weight of 2167 Kg was recovered from 2 vehicles. The owner of those vehicles were found to be one Kalu Gurjar. It is also contended that apart from the disclosure statement of Kalu Gurjar, there are no substantive evidence available on record indicating the involvement of the petitioner in transporting the [2026:RJ-JP:4299] (2 of 3) [CRLMB-1448/2026] alleged quantity of poppy straw in those two vehicles. The police after investigation has submitted the charge-sheet and also collected the call details, however, no analysis was made about connectivity of the petitioner with the other co-accused Kalu Gurjar. The accused-petitioners are in custody since long and further trial of the case may take considerable time, therefore, the bail application of the accused-petitioner may be allowed. Learned counsel for the petitioner has submitted a copy of charge-sheet. The same is taken on record. 3. Learned Public Prosecutor has vehemently opposed the bail application and contended that the name of the petitioner was revealed by the other co-accused Kalu Gurjar, who was found to be the owner of the said two vehicles, from which commercial quantity of poppy straw was recovered, therefore, considering the commercial quantity recovered from the vehicle and connectivity of the co-accused Kalu Gurjar with the petitioner, therefore, the bail application of the accused-petitioner may be dismissed. 4. Heard and perused the material available on record. 5. Admittedly, the owner of those two vehicles was found to be the other co-accused Kalu Gurjar and apart from the disclosure statement of other co-accused Kalu Gurjar, there is no other substantive evidence available on record, indicating the involvement of the petitioner in transporting the alleged quantity of contraband article in said vehicles. Though, in the charge-sheet, it has been mentioned that call details of the petitioner along with the other co-accused Vikas Porwal and Rahul Meghwal and main accused Kalu Gurjar was analyzed, however, in the charge-sheet [2026:RJ-JP:4299] (3 of 3) [CRLMB-1448/2026] submitted before this Court, no such analysis report is on record. The petitioner is in custody since long and further trial of the case may take considerable time, there are two criminal antecedents against the petitioners, therefore, considering the aforesaid facts and period of incarceration, I deem it just and proper to enlarge the accused-petitioner on bail. 6. Accordingly, the bail application under Section 483 BNSS is allowed and it is ordered that the accused-petitioner- Bhuralal S/ o Shri Chunni Lal, in connection with FIR No.80/2024 registered at Police Station R.K. Puram, District Kota City, shall be enlarged on bail provided he furnishes a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge for his appearance before the court concerned on all the dates of hearing and as and when called upon to do so. 7. The accused-petitioner is also directed to mark his presence on 25th of every month till conclusion of trial before the concerned police station. The SHO of the concerned police station is directed to maintain a regular register marking the presence of the accused-petitioner and shall send the presence report of the accused-petitioner on the same day to the concerned Trial Court without any delay. In case of any breach to the above condition, the learned Public Prosecutor shall be free to move the application against the petitioner for cancellation of the bail before the concerned Court. (PRAVEER BHATNAGAR),J Keshav/15