SHISHUPAL S/O SHRI PRABHULAL v. STATE OF RAJASTHAN
CRLMB/5606/2026 · 2026-05-04
Ashok Kumar Jain
body2026
DailyLaw.ai
[ 2026 DAILYLAW 7489 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 7489 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2026:RJ-JP:18795] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 5606/2026 Shishupal S/o Shri Prabhulal, Aged About 30 Years, R/o Village Kesarpura, P.s. Bhaisroadgarh, District Chitodgarh, Raj., At Present Confined In Judicial Custody At Central Jail, Ajmer. ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent Connected With S.B. Criminal Miscellaneous Bail Application No. 5607/2026
1. Sunil S/o Rameshwar, Aged About 28 Years, R/o Village Dhogwa, P.s. Singoli, District Neemach (M.p.) (At Present Lodged In Sub Jail, Kekri).
2. Jay Lal S/o Gheesa, Aged About 25 Years, R/o Village Dhogwa, P.s. Singoli, District Neemach (M.p.). (At Present Lodged In Sub Jail, Kekri). ----Petitioners Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Manish Sharma Mr. Yashwardhan Agarwal and Mr. Achin Sighal for Mr. Jai Prakash Gupta For Respondent(s) : Mr. Vijay Singh Yadav, PP HON'BLE MR. JUSTICE ASHOK KUMAR JAIN
Order 04/05/2026
1. These bail applications under Section 483 of BNSS are filed by the applicants-accused Shishupal S/o Shri Prabhulal, Sunil S/o Rameshwar and Jay Lal S/o Gheesa, seeking
[2026:RJ-JP:18795] (2 of 4) [CRLMB-5606/2026] bail in respect of a criminal case registered as FIR No.68/2026 dated 29.03.2026 registered at P.S. Kekri Sadar District - Ajmer, for the offence under Sections 8, 15(b) of NDPS Act.
2.
Learned counsel for the applicants submits that the applicants have been falsely implicated in the matter and the investigation against them is complete and they are 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 applicants undertakes not to repeat offence and cooperate with investigation/trial, which will take time.
3.
Learned counsel for petitioner submits that police has not applied mandatory provisions under the NDPS Act before effecting search and seizure. He also submits that a joint recovery was effected from possession of all three accused and total recovery is 20Kg135gm of poppy straw (crushed capsule of opium), which is less than commercial. He further submits that petitioners are in custody since 29,03.2026. 4. Learned Public Prosecutor has vehemently opposed the bail applications and submitted that the allegations are grave and serious in nature. 5. Heard learned counsel for the parties and learned Public Prosecutor. Perused the material placed on record by both the parties. 6. On 28.03.2026, SHO P.S. Kekri Sadar has intercepted one Alto Car No. RJ42CA6176, which was driven by Shishupal but two other accused Sunil and Jay Lal are travelling in said car. [2026:RJ-JP:18795] (3 of 4) [CRLMB-5606/2026] On search, police has recovered 20Kg135gm of poppy straw from plastic gunny bag. After the proceedings, FIR No.68/2026 under Section 8/15(b) of NDPS Act was registered at P.S. Kekri Sadar, Dist. Ajmer. All the three accused were arrested and now they are in judicial custody. The recovered quantity is quite less than commercial quantity. There is no criminal antecedents against these petitioners. 7. Upon hearing the arguments and perusing the record, we have found that the applicants-accused are no more required in the investigation and they are 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 applicants-accused. 8. Thus, the instant bail applications filed on behalf of applicants-accused Shishupal S/o Shri Prabhulal, Sunil S/o Rameshwar and Jay Lal S/o Gheesa, are hereby allowed and the applicants-accused are ordered to be released on bail with condition that each of the petitioner would furnish 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 applicants-accused shall not tamper with
evidence or influence the witness in any manner. [2026:RJ-JP:18795] (4 of 4) [CRLMB-5606/2026] (ii) The applicants-accused shall not indulge in any criminal activity and shall not repeat any criminal offence punishable under the Law.
(iii) The applicants-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 applicants-accused shall be liable to be canceled. 9. The Registry is directed to send a copy of this order to the Trial Court through E-mail. (ASHOK KUMAR JAIN),J PREETI VALECHA /46-47