[2026:RJ-JP:3964] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous 2nd Bail Application No. 15984/2025 Suresh Kumar @ Madhu S/o Moolaram, R/o Kakot, Police Station Chitawa, District Nagaur (Raj.) (At Present In District Jail, Jhalawar). ----Petitioner Versus The State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Susheel Pujari For Respondent(s) : Mr. Vijay Singh Yadav, PP HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 28/01/2026 1. The second bail application under Section 483 of BNSS is filed by the applicant-accused Suresh Kumar @ Madhu S/o Moolaram, seeking bail in respect of a criminal case registered as FIR No. 389/2025 dated 13.07.2025 registered at P.S. Aklera, District - Jhalawar, for the offence under Sections 8,15, 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:3964] (2 of 4) [CRLMB-15984/2025] 3. Learned counsel for petitioner submits that first bail application was dismissed as withdrawn on 15.09.2025 and now a charge-sheet has been filed by police. He further submitted that this Hon’ble Court has already granted bail to two similarly placed accused Rakesh and Kalu Lal. He further referred copy of FIR no. 288/2021 dated 28.09.2021 P.S. Gulabpura, District Bhilwara under Section 8/15 of NDPS Act and submitted that the recovered quantity is less than commercial quantity. He also submitted that in the instant case without complying the provision of NDPS Act the police has effected the joint recovery of 35.595 kg of poppy straw from three accused. At last, he submitted that the petitioner is in custody since his arrest on 13.07.2025. 4. Learned Public Prosecutor has vehemently opposed the bail application and submitted that the allegations are grave and serious in nature. He submitted report received from P.S. Akhlera, District Jhalawara. 5. Heard learned counsel for the petitioner-accused and learned Public Prosecutor. Perused the material placed on record by both the parties. 6. On basis of interception of car no. RJ14 CN 1118 during Nakbandi on 13.07.2025 three persons Rakesh (driver of car), Suresh @ Madhu and Kalulal were detained and on search of car 35.595 kg of poppy straw was found in two gunny bags from joint possession of three petitioners. After drawing memo of search and seizure a criminal case is registered and all three petitioners were arrested. After investigation police has already filed a charge-sheet against [2026:RJ-JP:3964] (3 of 4) [CRLMB-15984/2025] Suresh @ Madhu, Kalulal and Rakesh. There is no criminal antecedent against Kalulal and Rakesh. 7. Two accused Rakesh and Kalulal were granted bail by this Hon’ble Court on 15.09.2025. One more case under the NDPS Act was registered against present petitioner and copy of FIR no. 288/2021 is filed on record to show that on 28.09.2021 police has intercepted a car no. RJ23 CC 7077 and recovered 145.100 kg of poppy straw and arrested accused Suresh and Kanha Ram. 8. The recovered quantity in current case is less than commercial quantity and the trial court has already framed charges on 15.11.2025. 9. 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 and without expressing any opinion on merits of the case, the Court deems it appropriate to grant bail to the applicant- accused. 10. Thus, the second bail application filed on behalf of applicant- accused Suresh Kumar @ Madhu S/o Moolaram,, 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. [2026:RJ-JP:3964] (4 of 4) [CRLMB-15984/2025] (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. 11. The Registry is directed to send a copy of this order to the Trial Court through E-mail. (ASHOK KUMAR JAIN),J CHETNA BEHRANI /3