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2026 DAILYLAW 20946 (RAJ)

MAHENDRA KUMAR SON OF PHOOL CHAND v. STATE OF RAJASTHAN

CRLMB/17059/2025 · 2026-01-28

Pramil Kumar Mathur

body2026

Judgment text

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[2026:RJ-JP:3892] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 17059/2025 Mahendra Kumar Son Of Phool Chand, Resident Of Khadiya, Police Station Harnavdashahji, District Baran (Rajasthan). ( At Present Confined In District Jail, Baran). ----Petitioner Versus State Of Rajasthan, Through P.p. ----Respondent For Petitioner(s) : Mr. Girish Khandelwal For Respondent(s) : Mr. Devi Singh, PP HON'BLE MR. JUSTICE PRAMIL KUMAR MATHUR Order 28/01/2026 1. The petitioner has preferred this bail application under Section 483 of BNSS in FIR No.94/2025 registered at Police Station Harnavda Shahji, District-Baran for offences under Sections 8, 15 and 25 of NDPS Act. 2. Heard learned counsel for the petitioner as well as learned Public Prosecutor and perused the material available on record. 3. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case. He further submits that nothing has been recovered from his conscious possession. The only allegation against the present petitioner is that he supplied the alleged contraband to the prime accused, Sitaram @ Udham Meena. The petitioner has been implicated in the present case solely on the basis of the disclosure statement of the prime accused. Therefore, the rigour of Section 37 of the NDPS Act is not [2026:RJ-JP:3892] (2 of 2) [CRLMB-17059/2025] attracted. Except for the said disclosure statement, there is no material on record from which it can be inferred that the petitioner played any active role in the commission of the alleged offence. Petitioner is behind the bars since 30.11.2025. Charge-sheet has been filed. The trial of the case may take considerable time, therefore, no fruitful purpose would be served by keeping the petitioner in further custody, hence, the bail application of the petitioner may be allowed. 4. Learned Public Prosecutor has vehemently opposed the bail application. 5. On consideration of the rival submission and material available on record and deliberating all the facts and circumstances of the case, and without expressing any opinion on the merits/demerits of the case, I am inclined to grant benefit of bail to the petitioner. 6. Accordingly, the bail application under Section 483 B.N.S.S. is allowed and it is ordered that the petitioner-Mahendra Kumar Son Of Phool Chand shall be released on bail on his furnishing 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 court for his appearance before that Court on all the dates till conclusion of the trial. (PRAMIL KUMAR MATHUR),J Arun/41