Rajasthan High Court
CRLMB/8249/2026 of SURENDRA S/O BALRAM Vs STATE OF RAJASTHAN on 4 August 2026
JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Second Bail Application No. 8249/2026 CNR: RJHC020505302026 | URN: CRLMB / 15050U / 2026 Surendra S/o Balram, Aged About 30 Years, R/o Laxmipura Khurd, Police Station Harmawda Shahji, Tehsil Chhipa Barod, District Baran
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous Second Bail Application No.
8249/2026
CNR: RJHC020505302026 | URN: CRLMB / 15050U / 2026
Surendra S/o Balram, Aged About 30 Years, R/o Laxmipura Khurd, Police Station Harmawda Shahji, Tehsil Chhipa Barod, District Baran (Rajasthan) (At Present Confined In District Jail, Baran).
----Petitioner
Versus
State Of Rajasthan, Through PP
----Respondent
For Petitioner(s)
:
Mr. Laxman Meena
For Respondent(s)
:
Mr. Rishi Raj Singh Rathore, P.P.
HON'BLE MR. JUSTICE GANESH RAM MEENA
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Order
04/08/2026
1. This second bail application has been filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 on behalf of accused-petitioner in connection with FIR No. 246/2025 registered at Police Station Baran Sadar, District Baran for offence under Sections 8 and 15 of the N.D.P.S. Act 1985.
2. Heard.
3. Considered the submissions made by the counsel for the petitioner as well as learned Public Prosecutor and also perused the challan papers.
4. As per the facts on record, on interception of a vehicle car, the alleged contraband i.e. 97.110 kg. Doda chura was recovered from the said vehicle and the driver of the said vehicle
(2 of 3) [CRLMB-8249/2026] ran away. The allegation against the accused-petitioner is that he is said to have provided the alleged contraband to co-accused Hemraj, who is transporting the contraband in a vehicle while it was intercepted.
5. Learned counsel for the petitioner also submitted that apart from some call details of the petitioner with the other co- accused, there is no other evidence so as to connect the accused- petitioner with the crime. He further submits that accused- petitioner is in custody since 30.10.2025 and police after completion of the investigation has submitted charge-sheet with the observation that offence under Section 8/29 of the NDPS Act is found proved against the accused-petitioner on the basis of evidence collected during investigation.
6. Merely call details cannot be the basis for conviction of an accused until and unless there is evidence that the call conversation was in regard to the transaction of the contraband.
7. The accused-petitioner is in custody since 30.10.2025 and the Hon'ble Apex Court in case of Hon'ble Apex Court in Criminal Appeal No......../2026 (S.L.P. (Criminal) No. 5187/2026 (Lokesh Poonia Vs. State of Rajasthan) having taken into consideration the incarceration period of about nine months in a similar matter has extended the benefit of appeal.
8. Taking into consideration the overall facts and circumstances of the case, the Court feels just and proper to record its satisfaction as required under Section 37 of the NDPS Act. Hence, this Court without expressing any opinion on the merits or demerits of the case, deems just and proper to enlarge the accused- petitioner on bail.
(3 of 3) [CRLMB-8249/2026]
9. Accordingly, the second bail application is allowed and it is directed that the accused-petitioner shall be released on bail provided that he furnishes a personal bond in the sum of Rs.1,00,000/- (Rupees One Lax Only) together with two sureties in the sum of Rs.50,000/-(Rupees Fifty Thousand Only) each to the satisfaction of the learned Trial Court with the stipulation that he shall appear before that Court or any Court to which the matter is transferred, on all subsequent dates of hearing and as and when called upon to do so.
(GANESH RAM MEENA),J 3/SHRUTI SHARMA