PRAKASH SAINI SON OF SHRI GOPAL LAL SAINI v. STATE OF RAJASTHAN
CRLMB/8147/2026 · 2026-07-06
Ashok Kumar Jain
body2026
DailyLaw.ai
[ 2026 DAILYLAW 9324 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 9324 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2026:RJ-JP:25209] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous 2nd Bail Application No. 8147/2026 URN: CRLMB / 14889U / 2026 Prakash Saini Son Of Shri Gopal Lal Saini, Aged About 40 Years, Resident Of House No. 01, Gopal Vatika Colony, Sitawali Phatak, Benad Road, Police Station Khorabisal, Jaipur ( Accused Petitioner Confined At Central Jail Jaipur) ----Petitioner Versus State Of Rajasthan, Through P.P. ----Respondent For Petitioner(s) : Mr. Ved Prakash Tripathi For Respondent(s) : Mr. Amit Kumar Gupta, Addl. GA cum PP HON'BLE MR. JUSTICE ASHOK KUMAR JAIN (Through Video Conferencing)
Order 06/07/2026
1. The present 2nd bail application under Section 483 of BNSS is filed by the applicant-accused Prakash Saini Son Of Shri Gopal Lal Saini, seeking bail in respect of a criminal case registered as FIR No.68/2026 dated 24.02.2026 registered at P.S. Vidyadhar Nagar, District – Jaipur City (North), for the offence under Sections 8/22 of NDPS Act.
2.
Learned counsel for the applicant submits that the applicant has been falsely implicated in the matter and the investigation against him is complete and he is no more required in investigation. He further submits that there are no chance of fleeing of applicant accused from the
[2026:RJ-JP:25209] (2 of 4) [CRLMB-8147/2026] jurisdiction of this Hon’ble Court. He also submits that the applicant undertakes not to repeat offence and cooperate with trial, which will take time.
3.
Learned counsel for the petitioner submitted that the first bail application of the petitioner has been dismissed as withdrawn on 05-05-2026 and now charge sheet has been filed against the petitioner. He also submits that the petitioner has placed reliance upon the details of criminal case registered against the petitioner. He also submitted that two criminal cases registered as Nos.399/2021 and 279/2022 have been closed and they are no more pending. He submits that Case No. 161/2022 relates to the possession of electronic cigarette and is also of a very trivial nature. He also referred FIR No. 38/2025 and submitted that the charge sheet has already been filed but same relates to recovery of very small quantity of contraband. He also referred FIR No. 89/2026 and submitted that charge sheet has already been filed and there is no direct evidence against the petitioner. He also submits that all these documents are already filed on record to show bona fide of the petitioner. He also submits that in the instant case, the charge upon the petitioner is having possession of 26.18 gram of MD (Mephedrone), which is less than commercial quantity. He submits that police has not complied the mandatory provision under the NDPS Act before effecting search and seizure. He also submits that the currency notes recovered from the petitioner are relating to his own money
[2026:RJ-JP:25209] (3 of 4) [CRLMB-8147/2026] earned from business and same is not generated from any transaction of contraband article. 4. Learned Public Prosecutor has vehemently opposed the bail application and submitted that the allegations are grave and serious in nature. 5. Heard learned counsel for the petitioner-accused and learned Public Prosecutor. Perused the material placed on record by both the parties. 6. In the night of 23rd and 24th February 2026, SHO Police Station Vidyadhar Nagar, Jaipur City (North) has intercepted a car in possession of the present petitioner and on search has recovered 26.18 gram of MD (Mephedrone) and cash amount of ₹1,43,000/-. After registration of FIR No. 68/2026 under Sections 8/22 of NDPS Act, the present petitioner was arrested. A charge-sheet has already been filed against him. There are five criminal cases against the petitioner and out of which two have been disposed and three are pending. The recovered quantity is less than commercial but higher than small quantity.
The co-accused Arpit Songara, who was charged under Sections 8/22 and 8/29 of NDPS Act, has already been granted bail by a Coordinate bench of this Court on 07-04-2026. 7. Upon hearing the arguments and perusing the record, we have found that the applicant-accused is no more required in the investigation and he is 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,
[2026:RJ-JP:25209] (4 of 4) [CRLMB-8147/2026] the Court deems it appropriate to grant bail to the applicant- accused. 8. Thus, the instant 2nd bail application filed on behalf of applicant-accused Prakash Saini Son of Shri Gopal Lal Saini, is hereby allowed and the applicant-accused is ordered to be released on bail upon furnishing 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 applicant-accused shall not tamper with
evidence or influence the witness in any manner. (ii) The applicant-accused shall not indulge in any criminal activity and shall not repeat any criminal offence punishable under the Law. (iii) The applicant-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 applicant-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 MR/2