[2026:RJ-JP:7418] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous 2nd Bail Application No. 10857/2025 Prabhat Singh S/o Late Ramjanm Singh, Aged About 45 Years, R/o Ranik, P.s. Choparan, District Hazaribag, Jharkhand (At Present Confined In District Jail Dausa). ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Kuldeep Yadav For Respondent(s) : Mr. Rajendra Singh Shekhawat, PP HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 16/02/2026 1. The 2nd bail application under Section 483 of BNSS is filed by the applicant-accused Prabhat Singh S/o Late Ramjanm Singh seeking bail in respect of a criminal case registered as FIR No.36/2025 dated 07.02.2025 registered at P.S. Manpur, District -Dausa, for the offence under Sections 8/15 and 8/29 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 jurisdiction of this Hon’ble Court. He also submits that the applicant undertakes not to repeat offence and cooperate with investigation/trial, which will take time. [2026:RJ-JP:7418] (2 of 5) [CRLMB-10857/2025] 3. Learned counsel for applicant submits that no recovery has been effected from the petitioner and petitioner was charged for offence under Section 29 of NDPS Act. He also referred details of the pending criminal cases registered against the petitioner and submitted that details and orders of some of the cases, is placed on record, therefore, the petitioner is entitled for bail. 4. Learned counsel for applicant has further referred bail order in case of Mohan Lal Vs. State of Rajasthan passed by Hon'ble Supreme Court on 06.10.2025 SLP (Criminal) No.10317/2025. He has also placed reliance upon order dated 15.01.2025 in Bail Application No.12310/2024 titled as Dharmveer Sansi @ Dharma Sansi Vs. State of Rajasthan, order dated 10.02.2025 in S.B. Criminal Revision Petition No.1534/2024 titled as Matru Sansi @ Geeta Vs. State of Rajasthan and Anr., order dated 27.08.2025 in Bail Application No.10838/2025 titled as Mangilal Vs. State of Rajasthan and order dated 19.05.2022 in S.B. Criminal Revision Petition No.117/2022 titled as Roshan Sansi Vs. State of Rajasthan and submitted that on identical facts either the accused is released on bail or was discharged from the charge. He also submitted that not a single iota of evidence is available against the applicant to show any communication or call details with the accused from whom the recovery was effected. 5. Aforesaid contentions were opposed by learned Public Prosecutor and he submitted report received from P.S. [2026:RJ-JP:7418] (3 of 5) [CRLMB-10857/2025] Sikandara, District Dausa along with details of criminal cases registered against the present applicant. 6. Heard learned counsel for the applicant and learned Public Prosecutor. Perused the material placed on record. 7. On an information about transportation of contraband article, SHO, P.S. Manpur, District Dausa, has intercepted a container along with Innova Car. On interception of container No.KA 51D 8070 and Innova Car No.MP-06-BA-0845, 386 gunny bags containing poppy straw (crust capsule opium) were recovered from container. The total weight of recovered contraband is 7002 kg and FIR No.36/2025 was registered at P.S. Manpur, District Dausa under Section 8/15 of NDPS Act. During investigation, police has found role and involvement of present applicant and afterwards filed a charge-sheet against Sonu, Manoj Singh, Hemraj @ Babloo, Kamlesh Soye, Jalaram and Prabhat Singh, but kept pending against five other accused under Section 193(9) of BNSS. 8. The material submitted by learned Public Prosecutor indicate that total 10 criminal cases were registered against applicant and three of them are relating to NDPS Act. Initially, 2 cases were registered at P.S. Choparan, District Hazaribag (Jharkhand), but last case under NDPS Act was registered at P.S. Lohawat, District Phalodi (Rajasthan). The applicant is having a criminal background with 11 cases against him. The counsel for applicant has placed on record order dated 28.10.2025, whereby the Trial Court has framed charge under Sections 8/25 and 8/29 of NDPS Act. The Trial Court has referred call details. [2026:RJ-JP:7418] (4 of 5) [CRLMB-10857/2025] 9. In case of Mohan Lal Vs. State of Rajasthan (supra), Hon'ble Supreme Court considering that there was no recovery and accused was in custody since 30.10.2023 has granted bail. A Coordinate Bench has allowed bail application of Dharmveer Sansi @ Dharma Sansi Vs. State of Rajasthan (supra) and Mangilal Vs. State of Rajasthan (supra), but same is not a relating factor for consideration of bail in the matter. Similarly, Roshan Sansi Vs. State of Rajasthan (supra) and Matru Sansi @ Geeta Vs. State of Rajasthan (supra) were discharged from the offence only on the ground that there was no evidence on record, but same is also not a ground to release applicant on bail. 10. Learned counsel has referred order dated 29.11.2018 to show that he was acquitted in criminal case registered by FIR No.13/2009 at P.S. Choparan. Learned counsel has also referred order dated 03.12.2018, whereby he was discharged under Section 18C and 22 of NDPS Act from in a matter registered as FIR No.17/2009 at P.S. Choparan. Learned counsel has also referred order dated 11.09.2024, order-sheet dated 25.03.2019 and thereafter 27.07.2024 and thereafter and submitted that in three more cases, the applicant was acquitted. As per learned counsel for applicant, the applicant was already acquitted form 5 cases out of 10 cases registered against him. The counsel for applicant has also placed on record order dated 03.09.2025, whereby he was granted bail by a Coordinate Bench at Principle Seat, Jodhpur in a matter arising out of FIR No.218/2019 P.S. Lohawat. [2026:RJ-JP:7418] (5 of 5) [CRLMB-10857/2025] 11. Having taken note of the entire material and also the circumstances, I am of considered view that large quantity of contraband is recovered, though not from the applicant, but his role and involvement has been found during investigation, therefore, this is not a fit case to enlarge applicant on bail on the ground as mentioned by learned counsel for applicant. 12. In view of discussion made herein above, the 2nd bail application preferred by applicant-accused Prabhat Singh S/o Late Ramjanm Singh, is hereby dismissed. (ASHOK KUMAR JAIN),J GAURAV /18