Rajasthan High Court
CRLMB/5702/2026 of HEERALAL S/O BADRILAL Vs THE STATE OF RAJASTHAN on 16 April 2026
JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 5702/2026 Heeralal S/o Badrilal, Aged About 50 Years, R/o Kachnariya, Police Station Aklera, At Present Behind Govt. Hospital Madhuvan Colony Aklera Police Station Aklera District Jhalawar. Raj. (Petitioner
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous Bail Application No. 5702/2026
Heeralal S/o Badrilal, Aged About 50 Years, R/o Kachnariya, Police Station Aklera, At Present Behind Govt. Hospital Madhuvan Colony Aklera Police Station Aklera District Jhalawar. Raj.
(Petitioner Is In Sub Jail Aklera).
----Petitioner
Versus
The State Of Rajasthan, Through PP
----Respondent
For Petitioner(s)
:
Mr. Lakshay Kumar
For Respondent(s)
:
Ms. Aarti Sharma, PP
HON'BLE MR. JUSTICE GANESH RAM MEENA
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Order
16/04/2026
1. This bail application has been filed by the accused petitioner u/S 483 BNSS in connection with FIR No. 417/2025 registered at Police Station Ghatoli, District Jhalawar for offence under Section 8, 15, 18 & 29 of the NDPS Act.
2. Heard and considered the submissions made by learned counsel for the petitioner as well as the Public Prosecutor.
3. Learned counsel for the accused petitioner submits that the allegation against accused-petitioner is that he has provided the alleged contraband i.e. 17.425 Kg. doda chura and 106 gm. opium, which have been recovered from the joint possession of co-accused persons, namely Ram Swaroop, Ram Nivash and Bhanwar Lal. Learned counsel further submits that nothing has been recovered from the possession of the accused-petitioner. He
(2 of 3) [CRLMB-5702/2026] further submits that the recovery effected from the joint possession of the co-accused person is less than commercial quantity. The accused petitioner is in custody since 29.03.2026. It has also been brought to notice of this Court that the co-accused namely Ram Swaroop, Ram Nivash and Bhanwar Lal from whose possession the alleged contraband has been recovered, have already been enlarged on bail.
4. Learned Public Prosecutor vehemently opposed the bail application and submits that there is a recovery of 17.425 Kg. doda chura and 106gm. opium, therefore, he does not deserve indulgence of bail by this Court.
5. A mere statement of the co-accused cannot be made a basis for conviction of an accused.
6. Taking into consideration the overall facts and circumstances of the case and more particularly the fact that the allegation against the present accused-petitioner is of providing the alleged contraband to the person from whose possession it was recovered, 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.
7. Accordingly, this bail application is allowed and it is directed that accused-petitioner shall be released on bail provided that he furnishes a personal bond in the sum of Rs. 1,00,000/- (Rupees One Lac Only), together with two sureties in the sum of Rs. 50,000/- (Rupees Fifty Thousand Only) to the satisfaction of the Trial Court with the stipulation that he shall appear before that
(3 of 3) [CRLMB-5702/2026] 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.
8. In case the accused-petitioner is found to be involved in any other criminal case of similar nature in future, the prosecution may move application for cancellation of his bail. (GANESH RAM MEENA),J NEERU/27