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2026 DAILYLAW 8809 (RAJ)

SHIVLAL S/O NATHULAL v. STATE OF RAJASTHAN

CRLMB/8772/2026 · 2026-06-18

Ravi Chirania V J

body2026

Judgment text

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[2026:RJ-JP:23370] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 8772/2026 Shivlal S/o Nathulal, Aged About 41 Years, R/o Saraspura, P.S. Sitamau, District Mandsaur (MP) (At Present Confined In Central Jail Kota). ----Petitioner Versus State of Rajasthan, Through P.P. ----Respondent For Petitioner(s) : Mr. Shamsuddin Ansari For Respondent(s) : Mr. Manvendra Singh Shekhawat, P.P. Mr. Vijay Choudhary, P.P. HON'BLE MR. JUSTICE RAVI CHIRANIA (V.J.) Order 18/06/2026 1. This misc. bail application has been filed by the petitioner Shivlal S/o Nathulal, aged about 41 Years, who was arrested by the police in connection with the FIR bearing No.48/2026 dated 05.04.2026 registered at Police Station Mandana, District Kota Rural for the offences punishable under Sections 8/15 & 8/18 of NDPS Act, 1985. 2. Learned counsel submits that the bail application filed by the petitioner was rejected by the Special Judge, N.D.P.S. Cases, Kota vide order dated 27.05.2026, thereafter, the petitioner has preferred this bail application under Section 483 of B.N.S.S., 2023. 3. Learned counsel for the petitioner submits that the Police, after completing the investigation, has filed the charge-sheet and no recovery is required to be made. Learned counsel submits that no contraband substance as alleged was recovered from the [2026:RJ-JP:23370] (2 of 3) [CRLMB-8772/2026] petitioner. Learned counsel submits that the contraband substance as recovered from him is quantifies as 30 Kg., which is less than the commercial quantity i.e. 50Kg. as per the NDPS Act, 1985. Learned counsel further submits that the petitioner has no criminal antecedents of any nature including NDPS Act in the past. In view thereof, learned counsel prays that the petitioner be enlarged on bail. 4. Learned Public Prosecutor strongly opposes the bail application but could not dispute the fact that the contraband substance as recovered from the petitioner is less than commercial quantity as prescribed and the petitioner has no criminal antecedent including the NDPS Act. 5. This Court, after considering the nature of allegations, the charge-sheet has already been filed, no recovery is required to be made, the petitioner has no criminal antecedents, contraband substance as recovered is less than the commercial quantity and without making any comments on the merits of the case, is inclined to exercise its power under Section 483 B.N.S.S. and deems it just and proper to enlarge the accused-petitioner on bail. 6. Accordingly, the bail application filed under Section 483 B.N.S.S. is allowed and it is directed that accused-petitioner Shivlal S/o Nathulal 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/- each 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 completion of the trial. [2026:RJ-JP:23370] (3 of 3) [CRLMB-8772/2026] 7. 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. The petitioner shall 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 register to mark presence of the petitioner. In case the petitioner fails to appear twice in any month then the same shall be considered as breach and this bail shall stands canceled automatically without further reference to the Court. 8. It is further directed that in case, the petitioner is found to be involved in any case including NDPS Act within a period of two years from the date of passing of this order, learned Public prosecutor shall file an application for cancellation of the bail. (RAVI CHIRANIA (V.J.)),J 151/Monika