GAJANAND S/O LATE SHRI KANHIYALAL v. THE STATE OF RAJASTHAN
CRLMB/15052/2025 · 2026-01-20
Ashutosh Kumar
body2026
DailyLaw.ai
[ 2026 DAILYLAW 19786 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 19786 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2026:RJ-JP:2301] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Misc. IV Bail Application No. 15052/2025 Gajanand S/o Late Shri Kanhiyalal, R/o Ayodhyanagar, District Dausa (Raj.) (At Present Confined In Sub Jail At Neem Ka Thana, District Sikar). ----Applicant Versus The State of Rajasthan, Through PP ----Respondent For Applicant : Mr. Rajveer Singh Gurjar, Adv. For Respondent : Mr. Devi Singh, Dy.G.A.
HON'BLE MR. JUSTICE ASHUTOSH KUMAR
Order Date of Arguments Concluded : 12/01/2026 Date of Judgment Reserved : 12/01/2026 Full/Operative Part Uploaded : Full Date of Judgment Pronounced : 20/01/2026
1. The third bail application filed on behalf of the accused-applicant along with the other co-accused person namely Taufiq Ali Bhati was dismissed by this Court, vide common order dated 28.04.2025 passed in S.B. Criminal Miscellaneous Bail Application No.11331/2024 and other connected matter.
2. The present fourth bail application has been filed by the accused-applicant under Section 483 of B.N.S.S., 2023 in connection with FIR No.12/2020, registered at Police Station (S.O.G.), District A.T.S. (S.O.G.) for the offence punishable under
[2026:RJ-JP:2301] (2 of 4) [CRLMB-15052/2025] Section 8/15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the 'Act of 1985').
3.
Learned counsel for the accused-applicant submits that the accused-applicant has falsely been implicated in this case.
Learned counsel also submits that the present accused-applicant was arrested on 15.03.2020 and since then, he is behind the bars.
Learned counsel argues that charge-sheet has already been filed and the trial is likely to take long time to conclude, therefore, looking to the period of long incarceration, the accused-applicant may be granted benefit of bail.
4.
Learned counsel for the accused-applicant invites attention of this Court towards the judgment passed by the Coordinate Bench of this Court in the case of Sandeep Kumar Vs. Narcotics Control Bureau (S.B. Criminal Miscellaneous II Bail Application No.11072/2025), decided on 14.10.2025 and also, towards the following judgments passed by the Hon'ble Apex Court in the cases of:- • Rabi Prakash Vs. The State of Odisha [Petition(s) for
Special
Leave
to
Appeal
(Crl.) No(s).4169/2023], decided on 13.07.2023 & • Siyaram Gurjar @ Gurja Vs. State of West Bengal [Petition(s) for Special Leave to Appeal (Crl.) No(s).3401/2025], decided on 07.05.2025. 5. Learned Deputy Government Advocate appearing on behalf of the State vehemently opposes this fourth bail application and submits that in this matter, more than 6000 kilograms of 'poppy husk' has been recovered from the possession of the accused- applicant, therefore, he should not be enlarged on bail. [2026:RJ-JP:2301] (3 of 4) [CRLMB-15052/2025]
6. Heard learned counsel for the parties and perused the material available on record. 7. Admittedly, vide common order dated 28.04.2025 passed in S.B. Criminal Miscellaneous Bail Application No.11331/2024, this Court has dismissed the third bail application of the present accused-applicant on merits and nothing material change has been occurred, except more than 10 months of incarceration of the accused-applicant. Though, the accused-applicant, who is in judicial custody since more than five years, has a fundamental right for speedy trial which is pending for last almost 5 years, however, in the present case, more than 6,000 kilogram (60 quintal) 'poppy husk' has been recovered, which is a huge quantity. The present accused-applicant namely Gajanand is said to be an agent (Munshi) of the main accused-person namely Taufiq Ali Bhati and a huge quantity of poppy husk was recovered from his possession, therefore, looking to the huge recovery of 'poppy husk' from the accused-applicant, but without expressing any opinion on the merits/demerits of the case, this Court is not inclined to allow this fourth bail application filed on behalf of the accused-applicant. 8. Consequently, this fourth bail application filed under Section 483 of the B.N.S.S., 2023 is dismissed. Any other pending applications also stand disposed of. 9.
In compliance of the order dated 05.12.2025 passed by this Court, the learned Additional District and Sessions Judge, Shree Madhopur, District Sikar, forwarded the report, wherein it was mentioned that out of 42 witnesses, only 16 witnesses have been
[2026:RJ-JP:2301] (4 of 4) [CRLMB-15052/2025] examined, so far. Therefore, learned Additional District and Sessions Judge, Shree Madhopur, District Sikar is directed to expedite the trial and decide the matter on priority basis. (ASHUTOSH KUMAR),J AARZOO ARORA /---