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2026 DAILYLAW 7071 (RAJ)

DEEPAK S/O GULABCHAND v. STATE OF RAJASTHAN

CRLMB/5605/2026 · 2026-05-06

Ashok Kumar Jain

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2026:RJ-JP:19166] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 5605/2026 Deepak S/o Gulabchand, R/o Kesarisinghpura, Panditpura, Tehsil Baswa, District Dausa. (At Present Accused Petitioner Confined In Sub Jail Bandikui). ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Arvind Sharma For Respondent(s) : Mr. Vijay Singh Yadav, PP HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 06/05/2026 1. The present bail application under Section 483 of BNSS is filed by the applicant-accused Deepak S/o Gulabchand seeking bail in respect of a criminal case registered as FIR No.88/2026 dated 19.02.2026 registered at P.S. Bandikui,. District - Dausa, for the offence under Sections 8 and 21 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 trial, which will take time. [2026:RJ-JP:19166] (2 of 3) [CRLMB-5605/2026] 3. Learned counsel for petitioner submits that the investigation is complete and charge-sheet has already been filed. He further submits that the recovered quantity is less than commercial and there is no criminal case relating to NDPS Act prior to registration of current case. He further submits that police has not complied mandatory provisions of NDPS Act before search and seizure. 4. Learned Public Prosecutor has vehemently opposed the bail application and submitted that the allegations are grave and serious in nature. 5. Heard learned counsel for the petitioner-accused and learned Public Prosecutor. Perused the material placed on record by both the parties. 6. On 18.02.2026, Dharampal Yadav SI P.S. Bandikui Dist. Dausa has intercepted a motorcycle and searched motorcycle rider and on search, he recovered 7.83gm of smack. After proceeding, FIR No.88/2026 under Section 8/21 of NDPS Act was registered at P.S. Bandikui Dist. Dausa. 7. The investigation is complete and charge-sheet has already been filed. The recovered quantity is less than commercial. The pending or registered case relates to IPC or BNS. 8. 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, [2026:RJ-JP:19166] (3 of 3) [CRLMB-5605/2026] the Court deems it appropriate to grant bail to the applicant- accused. 9. Thus, the instant bail application filed on behalf of applicant- accused Deepak S/o Gulabchand, 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. (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. 10. The Registry is directed to send a copy of this order to the Trial Court through E-mail. (ASHOK KUMAR JAIN),J PREETI VALECHA /38