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2026 DAILYLAW 5373 (RAJ)

RUSHIRAJ S/O KANHEYALAL v. THE STATE OF RAJASTHAN

CRLMB/14494/2025 · 2026-03-05

Sameer Jain

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2026:RJ-JP:9461] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 14494/2025 Rushiraj S/o Kanheyalal, Aged About 37 Years, Residence Of Ward No. 2, Near Hanuman Mandir, Kalmodiya, Police Station Sarthal, Distt. Baran, (Raj.) (Petitioner Is In Sub Jail Chhabara) ----Petitioner Versus The State Of Rajasthan, Through P.p. ----Respondent For Petitioner(s) : Mr. Ali Mohd. Khan with Ms. Shazadi Bano For Respondent(s) : Mr. Jitendra Singh Rathore, PP with Mr. Vinod Sharma, Mr. Sapan Soni HON'BLE MR. JUSTICE SAMEER JAIN Order 05/03/2026 1. The instant bail application has been filed under Section 483 of BNSS on behalf of accused-applicant. The accused-applicant was arrested in connection with FIR No.08/2024 registered at Police Station Sarthal, District Baran for the offence(s) under Sections 8/15, 8/25 of NDPS Act. 2. Learned counsel for the accused-applicant submitted that the applicant is the sole bread earner of the family, aged approximately 37 years. It is submitted that the applicant is behind the bars from two years. It is also submitted that the applicant is not having any criminal antecedents. It is submitted that the co-accused has been enlarged on bail by Co-ordindate Bench of this Court. [2026:RJ-JP:9461] (2 of 2) [CRLMB-14494/2025] 3. Learned counsel has relied upon the judgment of Apex Court passed in Criminal Appeal No.4106/2025 titled as Angrej Singh Vs. State of Rajasthan and Special Leave to Appeal No.1228/2025 titled as Ajay Khatri Vs. State of Rajasthan. 3. Per contra, learned Public Prosecutor has vehemently opposed the bail application. It is submitted that present is a case of Section 37 of NDPS Act, wherein categorical requirements are to be fulfilled. 4. Considering the arguments advanced by the counsel for the parties, considering the recovered quantity in question i.e. 56.450 grams, little ahead of commercial quantity; looking to the custody period; that the co-accused has been enlarged on bail and looking to the overall facts and circumstances of the case and material on record but without commenting on merits/demerits of the case, this court is inclined to allow the bail application of the accused- applicant and enlarge him on bail. 5. Accordingly, the bail application under Section 483 of BNSS is allowed and it is ordered that accused-applicant Rushiraj S/o Kanheyalal, shall be enlarged on bail provided he furnishes a personal bond of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of learned trial Judge for his appearance before the court concerned on all the dates of hearing as and when called upon to do so. (SAMEER JAIN),J CHANDAN /11