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2026 DAILYLAW 1783 (RAJ)

SHYORAM SAINI S/O BADRIPRASAD SAINI v. STATE OF RAJASTHAN

CRLMB/13355/2025 · 2026-03-13

Ravi Chirania

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2026:RJ-JP:10590] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 7730/2025 Pritam Kumar Saini S/o Sardararam, Aged About 30 Years, R/o Bhagatpura Mohalla, Narayanpur, Police Station Narayanpur, District Kotputli Behror. (Accused In Central Jail Alwar) ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent Connected With S.B. Criminal Miscellaneous Bail Application No. 12324/2025 Ratanlal S/o Tolaji Meena, Aged About 40 Years, R/o Katchhapar, Police Station Geengla District Salumbar, (At Present Confined In Central Jail, Alwar). ----Petitioner Versus The State Of Rajasthan, Through PP ----Respondent S.B. Criminal Miscellaneous Bail Application No. 13355/2025 Shyoram Saini S/o Badriprasad Saini, Aged About 42 Years, R/o Village Bas Bairisal Tehsil Narayanpur District Kotputli-Behror, Rajasthan. (At Present Confined In Central Jail Alwar). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent S.B. Criminal Miscellaneous Bail Application No. 1797/2026 Pooran Mal Saini S/o Sardararam, Aged About 35 Years, R/o Bhagatpura Mohalla, Narayanpur, Police Station Narayanpur, District Kotputli-Behror (Raj.). (At Present Confined In District Jail, Kotputli). ----Petitioner Versus The State Of Rajasthan, Through PP ----Respondent [2026:RJ-JP:10590] (2 of 4) [CRLMB-7730/2025] For Petitioner(s) : Mr. Jai Raj Tantia, Adv. Mr. Mukesh Dudi, Adv. Mr. Majhar Hussain, Adv. Mr. Avtar Singh, Adv. Ms. Seema Shekhar, Adv. Mr. Harmeet Gill, Adv. For Respondent(s) : Mr. Vijay Singh Yadav, P.P. Mr. Yashovardhan Agarwal, Adv. for Mr. J.P. Gupta, Adv. HON'BLE MR.. JUSTICE RAVI CHIRANIA Order 13/03/2026 1. The instant bail applications have been filed by the petitioners Pritam Kumar Saini S/o Sardararam, Ratanlal S/o Tolaji Meena, Shyoram Saini S/o Badriprasad Saini and Pooran Mal Saini S/o Sardararam, under Section 483 B.N.S.S. against the bail rejection orders dated 09.06.2025, 07.08.2025, 06.10.2025 and 21.11.2025 respectively passed by Additional Sessions Judge, Thanagazi District Alwar in connection with the FIR bearing No.16/2024 registered at Police Station Narayanpur, District Kotputli-Behror for the offences punishable under Sections 8/15 of the N.D.P.S. Act, 1985. 2. Learned counsel submits that the petitioners have been falsely implicated in the present case. The impugned FIR was registered alleging that the petitioners were involved in transporting the alleged contraband substance quantified as 119.65 Kg which is above the commercial quantity. He further submits that neither the alleged vehicle nor the alleged contraband substance has been recovered from the petitioners. Learned counsel submits that the petitioners have no criminal [2026:RJ-JP:10590] (3 of 4) [CRLMB-7730/2025] antecedants, hence the present petitioners may be enlarged on bail. 3. Learned Public Prosecutor as well as learned counsel for the complainant have opposed the bail applications. 4. This Court considered the previous orders passed by the Co- ordinate Bench of this Court, whereby on various occasions the Investigating Officer was directed to remain present before the Court to satisfy this Court as to whether the vehicle was formally transferred in the name of the last owner i.e. Pritam. In persuance of the said order, the Investigating Officer appeared before the Court and provided necessary document to the learned Public Prosecutor which reflect that till today the first owner of the vehicle i.e. Shimbu has deposited all EMIs of the vehicle as well as the insurance premium, which shows that Shimbu is still the owner of the vehicle, whereas he has not been made accused in the entire investigation. 5. This Court further noted that on the basis of some agreements of sale, the transfer of the vehicle has been shown from Shimbu to Shyoram and thereafter from Shyoram to Pritam whereas in the official record of the Transport Department, Shimbu is still the owner of the vehicle. The investigation as done appears to be manipulated and not fair. However, this Court would not like to make any comments on this as the trial is pending. 6. This Court noted that all the petitioners herein have no criminal antecedants and no recovery has been made from them. Without making any comments on the merits of the case this Court is inclined to enlarge the present petitioners on bail. Consequently, these bail applications are allowed. [2026:RJ-JP:10590] (4 of 4) [CRLMB-7730/2025] 7. Accordingly, the bail applications filed under Section 483 B.N.S.S. are allowed and it is directed that the accused-petitioners Pritam Kumar Saini S/o Sardararam, Ratanlal S/o Tolaji Meena, Shyoram Saini S/o Badriprasad Saini and Pooran Mal Saini S/o Sardararam, shall be released on bail, provided each of them execute a personal bond in a 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. The petitioners are further directed not to take an undue advantage of liberty or misuse liberty. It is made clear that the observation as made by this Court in the bail application will not affect the trial of the case. 8. In case the petitioners herein are found to be involved in any other offence of similar nature within a period of two years from the passing of this order, the learned Public Prosecutor shall file an application for cancellation of this bail. (RAVI CHIRANIA),J Dushyant/6-9