Research › Search › Judgment

High Court of Rajasthan · body

2026 DAILYLAW 7945 (RAJ)

KAMLESH KUMAR BARALA @ LAKHAN S/O SHRI MOTIRAM v. STATE OF RAJASTHAN

CRLMB/7989/2026 · 2026-05-22

Ravi Chirania

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2026:RJ-JP:21827] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 7989/2026 Kamlesh Kumar Barala @ Lakhan S/o Shri Motiram, Aged About 41 Years, R/o Village Bansa Kushalpura, Police Station Samod, District Jaipur Rural (Presently Lodged In Judicial Custody In Central Jail, Jaipur). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Prem Chand Dewanda Mr. Abhishek Singh Devanda For Respondent(s) : Mr. Vijay Singh Yadav, PP HON'BLE MR. JUSTICE RAVI CHIRANIA Order 22/05/2026 1. This instant bail application has been filed by the petitioner Kamlesh Kumar Barala @ Lakhan S/o Shri Motiram, Aged about 41 Years, who was arrested by the police in connection with FIR No. 40/2026 dated 20.03.2026 registered at Police Station Sindhi Camp, District Jaipur (West) for the offences punishable under Sections 8, 21 and 29 of the NDPS Act, 1985. 2. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in the present cases for having the alleged contraband substance (smack). Learned counsel further submitted that the alleged contraband substance (smack) recovered, weighed as 124.05 gram, which is below the commercial quantity. Learned counsel also submitted that investigation is almost complete and the petitioner is behind bars [2026:RJ-JP:21827] (2 of 3) [CRLMB-7989/2026] since 20.03.2026. He further submitted that the petitioner has no criminal antecedents. In view thereof, learned counsel prayed that the petitioner be enlarged on bail. 3. Learned Public Prosecutor strongly opposes the bail application and submits that there is a recovery of 124.05 gm smack, therefore, the petitioner does not deserve indulgence of bail by this Court. 4. This Court after considering the contents of the FIR and the fact that the contraband substance recovered is below the commercial quantity, investigation is almost complete and trial will take sufficiently long time. Petitioner is behind bars since long, there is no criminal antecedent, and also after considering the overall facts and circumstances of the case. Without commenting anything upon the merits or demerits of the case, this Court, is inclined to exercise its power under Section 483 B.N.S.S. and deems it just and proper to enlarge the petitioner on bail. 5. Accordingly, the bail application filed under Section 483 B.N.S.S. is allowed and it is directed that petitioner Kamlesh Kumar Barala @ Lakhan S/o Shri Motiram shall be released on bail, provided he executes a personal bond in a sum of Rs.1,00,000/-with two sound and solvent sureties of Rs.50,000/- to the satisfaction of learned Trial Court for his appearance before that Court on each and every date of hearing and whenever called upon to do so till the completion of the trial. The petitioner is further directed not to take undue advantage of liberty or misuse liberty. It is made clear that the observation as made by this Court in the bail application will not affect the trial of the case. [2026:RJ-JP:21827] (3 of 3) [CRLMB-7989/2026] 6. The petitioner shall also mark his presence before the concerned SHO of the Police Station twice a month for the entire period of the trial. The SHO shall maintain a register to mark presence of the petitioner. In case the petitioner fail to appear twice in a month, then the same shall be considered as breach and this bail stands canceled automatically without further reference to the Court. 7. It is further directed that in case, the petitioner is found to be involved in any case of NDPS Act during the pendency of the trial in this case, learned Public Prosecutor shall file an application for cancellation of this bail, without any fail. (RAVI CHIRANIA),J 30/RAHUL KUMAR