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2026 DAILYLAW 8545 (RAJ)

RAKESH S/O BHAGCHAND v. THE STATE OF RAJASTHAN

CRLMB/8170/2026 · 2026-06-05

Sangeeta Sharma V J

body2026

Judgment text

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[2026:RJ-JP:23001] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 8087/2026 Jairam S/o Manglaram, Aged 34 Years, R/o Infront Of School Near Tanki, Nayagaon, Police Station Madangamnj, District Ajmer. (At Present In Sub Jail Sambhar Lake, Jaipur). ----Accused-Petitioner Versus State of Rajasthan, Through P.P. ----Respondent Connected With S.B. Criminal Miscellaneous Bail Application No. 8170/2026 Rakesh S/o Bhagchand, Age 40 Years, R/o Bichun, Police Station Mokhampura, District Jaipur. (At Present Confined In Sub Jail Sambharlek, District Jaipur). ----Accused-Petitioner Versus The State of Rajasthan, Through P.P. ----Respondent For Petitioner(s) : Mr. Shyam Bihari Gautam Mr. Arpit Srivastava For Respondent(s) : Mr. Tapesh Agarwal, PP HON'BLE MRS. JUSTICE SANGEETA SHARMA (V.J.) Order 05/06/2026 1. These instant bail applications have been filed on behalf of the accused-petitioners under Section 483 of BNSS in connection with FIR No. 110/2026 registered at Police Station Phulera (Jaipur Rural), Jaipur Rural for the offence(s) punishable under Sections 8 & 18 of NDPS Act. 2. Learned counsels for the accused-petitioners submit that the accused-petitioners have been falsely implicated in this case. They [2026:RJ-JP:23001] (2 of 3) [CRLMB-8087/2026] also submit that the accused-petitioners are in custody since long. They further submit that the recovered contraband is below commercial quantity and there are no criminal antecedents of similar nature registered against the accused-petitioners; conclusion of trial will take its own time, so no fruitful purpose would be served by keeping the accused-petitioners behind the bars and, therefore, pray that the accused-petitioners may be granted the benefit of bail under Section 483 of BNSS. 3. Per contra, learned Public Prosecutor vehemently opposes the submissions advanced by learned counsels for the accused- petitioners hereinabove and submits that there are no criminal antecedents of similar nature registered against the accused- petitioners. 4. Considering the overall facts and circumstances of the case, the arguments advanced by learned counsels for both the parties and the material made available before this Court; that the accused-petitioners namely Rakesh S/o Bhagchand and Jairam S/o Manglaram are in custody since 10.05.2026 and 12.05.2026 respectively; that the recovered opium is 220 grams, which is below commercial quantity; that there are no criminal antecedents of similar nature registered against the accused-petitioners; that the trial will take its own time. Hence, this Court without expressing any opinion on the merits/demerits of the case, deems it just and proper to enlarge the accused-petitioners on bail. 5. Therefore, these instant bail applications under Section 483 BNSS are accordingly, allowed and the accused-petitioners (1) Jairam S/o Manglaram & (2) Rakesh S/o Bhagchand are ordered to be released on bail, provided each of them furnishes a [2026:RJ-JP:23001] (3 of 3) [CRLMB-8087/2026] personal bond in the sum of Rs. 1,00,000/- with two sureties of Rs. 50,000/- each to the satisfaction of the Trial Court, with the stipulation that they shall appear before that Court and any Court to which the matter is transferred, on all subsequent dates of hearing and as and when called upon to do so. 6. It is made clear that the accused-petitioners shall not involve themselves in any offence(s) during currency of the bail. 7. The accused-petitioners are also directed to submit their present addresses along with their mobile numbers to the concerned SHO within three days of their release and the concerned SHO shall verify the said mobile numbers and addresses. In case, the accused-petitioners change their address or mobile number, they shall intimate the same to the concerned SHO as well as to the learned Trial Court. 8. In case of any breach of the aforementioned conditions, the learned Public Prosecutor shall be free to move the application against the accused-petitioners for cancellation of the bail before the concerned Court. 9. The observation made hereinabove is only for decision of these instant bail applications and would not have any impact on the trial of the case in any manner. 10. Office is directed to send a copy of this order to the concerned trial Court through e-mail/fax, for necessary compliance. (SANGEETA SHARMA (V.J.)),J PUNEET KUMAR/122-123