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2026 DAILYLAW 9783 (RAJ)

RAHUL KUMAR S/O SHRI GOPAL LAL v. STATE OF RAJASTHAN

CRLMB/8322/2026 · 2026-07-07

Anoop Kumar Dhand

Public Interest Litigationbody2026

Judgment text

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[2026:RJ-JP:25433] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 8268/2026 URN: CRLMB / 15073U / 2026 Atin Poonia @ Baba S/o Vinod, aged about 25 Years, R/o Dulaniya, Police Station Pilani, District Jhunjhunu Presently Tenant of Gulab Bagh, Khandela, Police Station Khandela, District Sikar (At Present Confined In District Jail Sikar) ----Petitioner Versus State of Rajasthan, Through P.p. ----Respondent Connected With S.B. Criminal Miscellaneous Bail Application No. 8322/2026 URN: CRLMB / 15164U / 2026 Rahul Kumar S/o Shri Gopal Lal, aged about 23 Years, R/o Mandha, Police Station Khatushyamji Sadar, District Sikar, Raj. (At Present Accused Petitioner is Confined In District Jail, Sikar). ----Petitioner Versus State of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Garvit Saraswat for Mr. Shiv Kumar Mr. Dool Chand Kumawat Mr. Rakesh Kumar For Respondent(s) : Mr. Manvendra Singh Shekhawat-PP with Mr. Subham Sain HON'BLE MR. JUSTICE ANOOP KUMAR DHAND Order 07/07/2026 1. Both the instant bail applications under Section 483 B.N.S.S. have been filed by the petitioners in connection with the FIR No.53/2026 registered at the Police Station Khatushyamji Sadar, [2026:RJ-JP:25433] (2 of 3) [CRLMB-8268/2026] District Sikar for the offences punishable under Sections 8, 21 and 22 of the NDPS Act. 2. Learned counsel for the petitioners submits that there is no recovery at the instance of the petitioner-Atin Poonia. Counsel submits that the recovery of seven bottles, each containing 100 ML of Codeine Phosphate and Triprolidine Hydrochloride (Cough Syrup), has been effected at the instance of the petitioner-Rahul Kumar and co-accused -Rajesh Kumar Saini. Counsel submits that the quantity of contraband is less than the commercial quantity of the aforementioned contraband as prescribed under the NDPS Act i.e. 1 kg. Counsel submits that the petitioners have been in custody since May, 2026. Counsel further submits that the co- accused person Rajesh Kumar has already been granted indulgence of bail by the Co-ordinate Bench of this Court vide order dated 20.05.2026 in S.B. Criminal Misc. Bail Application No. 7913/2026. Counsel submits that after investigation, charge-sheet has been submitted. Counsel submits that the petitioners are not habitual offenders and no case under the NDPS Act has been registered against them. Counsel further submits that the trial will its own time to conclude, therefore indulgence of bail be granted to the petitioners. 4. Per contra, learned Public Prosecutor opposes the bail applications. 5. Considering the arguments put forward by the learned counsel for the petitioners and looking to the fact that the recovery of alleged contraband is less than the commercial quantity as prescribed under the NDPS Act and the benefit of [2026:RJ-JP:25433] (3 of 3) [CRLMB-8268/2026] regular bail has already been granted to the co-accused person namely Rajesh Kumar and the case of the present petitioners in comparison to the co-accused person is on better footing and also looking to the fact that the petitioners have been in custody since May, 2026 and after investigation, charge-sheet has been submitted and they are not having any criminal antecedents and since the trial will take its own time to conclude, hence, without expressing any opinion on merits and demerits of the case, this Court deems it just and appropriate to grant indulgence of bail to the petitioners under Section 483 B.N.S.S. 6. Accordingly, both the instant bail applications under Section 483 B.N.S.S are allowed and it is ordered that the accused- petitioners Atin Poonia @ Baba S/o Vinod and Rahul Kumar S/o Shri Gopal Lal arrested in connection with aforementioned FIR, may be released on bail; provided each of them furnish a personal bond of Rs.50,000/- with two surety bonds of Rs.25,000/- each to the satisfaction of the learned Trial Court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so. (ANOOP KUMAR DHAND),J Ashu/112-113