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2026 DAILYLAW 8963 (RAJ)

MUSHTAQ ALIAS KHARGOSH S/O LATE MUNNA KHAN v. STATE OF RAJASTHAN

CRLMB/7872/2026 · 2026-06-30

Praveer Bhatnagar

body2026

Judgment text

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[2026:RJ-JP:23818] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 7872/2026 URN: CRLMB / 14395U / 2026 Mushtaq Alias Khargosh S/o Late Munna Khan, Aged About 32 Years, R/o Sumerganj Mandi, Police Station Indrgarh, District Bundi. (At Present Accused Confined In District Jail, Sawaimadhopur). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent Connected With S.B. Criminal Miscellaneous Bail Application No. 9218/2026 URN: CRLMB / 16887U / 2026 Kailash S/o Gyarsiram, Aged About 29 Years, R/o Palkhanda PS Ghatoli District Jhalawar (At Present Confined In District Jail, Sawai Madhopur (Raj.) ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Nirmal Kumar Sharma Mr. Rohit Khandelwal For Respondent(s) : Mr. Jaiprakash Tiwari, PP HON'BLE MR. JUSTICE PRAVEER BHATNAGAR Order 30/06/2026 1. These instant bail applications have been filed under Section 483 BNSS on behalf of the accused-petitioners. The accused- petitioners have been arrested in connection with FIR No. 90/2026 registered at Police Station Kotwali Sawaimadhopur, District Sawai Madhopur for offence under Sections 8, 21 and 29 of NDPS Act, 1985. [2026:RJ-JP:23818] (2 of 3) [CRLMB-7872/2026] 2. Learned counsel for the petitioners submit that the petitioners have falsely been implicated in this case. He further submits that the other co-accused Shanu has already been enlarged on bail by the Trial Court. The recovered quantity of contraband article, i.e., Smack weighing 19 grams is recovered from the conscious possession of the other co-accused Shanu not from the present petitioners. There are no criminal antecedents registered against the accused-petitioners. The accused- petitioners are behind the bars since long and charge-sheet have already been filed and further trial of the case may take considerable time, therefore, the bail applications of the petitioners may be allowed. 3. Learned Public Prosecutor has vehemently opposed the bail applications. 4. Heard and perused the material available on record. 5. Considering the arguments advanced by learned counsel for the petitioners and the fact that petitioners are in custody since long and further trial of the case may take considerable time, therefore, without commenting anything on the merits of the case, I deem it just and proper to enlarge the accused-petitioners on bail. 6. Accordingly, the bail applications under Section 483 BNSS are allowed and it is ordered that the accused-petitioners 1. Mushtaq Alias Khargosh S/o Late Munna Khan 2. Kailash S/o Gyarsiram, arrested in connection with FIR No. 90/2026 registered at Police Station Kotwali Sawaimadhopur, District Sawai Madhopur shall be enlarged on bail provided they furnish a personal bond in the sum of Rs.50,000/- each with two sureties of [2026:RJ-JP:23818] (3 of 3) [CRLMB-7872/2026] Rs.25,000/- each to the satisfaction of the learned trial Judge for their appearance before the court concerned on all the dates of hearing and as and when called upon to do so. The learned trial Judge shall also verify the address and the contact details of the surety through concerned SHO before releasing the accused- petitioners on bail. 7. The accused-petitioners are also directed to mark their presence on 25th of every month till conclusion of trial before the concerned police station. The SHO of the concerned police station is directed to maintain a regular register marking the presence of the accused-petitioners and shall send the presence report of the accused-petitioners on the same day to the concerned Trial Court without any delay. 8. The accused-petitioners are also directed to submit his present address along with the mobile number to the concerned SHO within a period of 7 days from their release and the concerned SHO shall verify the said address and the mobile number. In case if the petitioners changes their address or mobile number, they shall submit the same before the concerned SHO so also before the concerned learned Trial Court. In case of any breach to 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. A copy of this order shall be sent to the concerned SHO for its strict compliance. (PRAVEER BHATNAGAR),J 17/PARSHANT