22269) on 8 May, 2026

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    Rajasthan High Court – Jodhpur

    Urn: Crlmb / 5024U / 2026Shriram Alias … vs State Of Rajasthan (2026:Rj-Jd:22269) on 8 May, 2026

    Author: Kuldeep Mathur

    Bench: Kuldeep Mathur

    [2026:RJ-JD:22269]
    
          HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                           JODHPUR
      S.B. Criminal Miscellaneous 4th Bail Application No. 2199/2026
    
    Shriram Alias Sanjay S/o Varingararam Vishnoi (Dhaka), Aged
    About 35 Years, R/o Nai Band, Police Station Gudamalani,
    District    Barmer   (Raj)      (Presently        Lodged         In    District   Jail,
    Chittorgarh)
                                                                            ----Petitioner
                                        Versus
    State Of Rajasthan, Through PP
                                                                          ----Respondent
    
    
    For Petitioner(s)         :     Mr. D.D. Godara.
    For Respondent(s)         :     Mr. Narendra Gehlot, PP.
    
    
    
                HON'BLE MR. JUSTICE KULDEEP MATHUR

    Order

    08/05/2026

    SPONSORED

    This fourth application for bail under Section 483 of BNSS

    (439 Cr.P.C.) has been filed by the petitioner who has been

    arrested in connection with No.265/2020 registered at Police

    Station Badi Sadri, District Chittorgarh, for offences under

    Sections 8/15, 8/25 and 29 of the NDPS Act, Sections 307 and

    353 of the IPC and Sections 3/25 of the Arms Act.

    As per the prosecution, on 09.11.2020, during routine

    patrolling, a team of Police Station Badi Sadri apprehended a

    Scorpio vehicle. On search being conducted, contraband (poppy

    husk/straw) weighing 4 Qntl. 40 Kgs. was recovered. During

    investigation, the petitioner was arrested.

    Learned counsel for the petitioner submits that the petitioner

    is in judicial custody since 02.08.2022. Till date, out of total 27

    cited prosecution witnesses, only 9 prosecution witnesses have

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    been examined before competent Criminal Court and the delay in

    trial is not at all attributable to the petitioner. Learned counsel

    further submitted that the petitioner is in judicial custody since

    last more than 3 years 9 months and looking to the pace at which

    trial is being conducted against the present petitioner, the same is

    not likely to be concluded in near future.

    Learned Public Prosecutor has vehemently opposed the bail

    application and submitted that petitioner is facing trial for the

    offence under the NDPS Act and, therefore, the present bail

    application deserves to be rejected straightway. Learned Public

    Prosecutor, however, was not in position to refute the fact that in

    last more than 3 years 9 months, out of total 27 cited prosecution

    witnesses, only 9 prosecution witnesses have been examined till

    date.

    Heard the learned Public Prosecutor and perused the material

    available on record.

    Having considered the facts and circumstances of the case

    and considering the fact that the petitioner has suffered

    incarceration for last more than 3 years 9 months and out of total

    27 cited prosecution witnesses, only 3 prosecution witnesses have

    been examined till date, without expressing any opinion on

    merits/demerits of the case, this Court is of the opinion that the

    bail application filed by the petitioner deserves to be accepted.

    Accordingly, the fourth bail application under Section 483 of

    BNSS (439 Cr.P.C.) is allowed and it is ordered that the accused-

    petitioner- Shriram Alias Sanjay S/o Varingararam Vishnoi

    (Dhaka) shall be enlarged on bail in connection with FIR

    No.265/2020 registered at Police Station Badi Sadri, District

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    Chittorgarh, provided he furnishes a personal bond in the sum of

    Rs.1,00,000/- with two sureties of Rs.50,000/- each to the

    satisfaction of the learned trial Judge for his appearance before

    the court concerned on all the dates of hearing as and when called

    upon to so.

    In case, the petitioner remains absent on any date of

    hearing or makes an attempt to delay the trial by seeking

    unnecessary adjournments, it shall be taken as a misuse of

    concession of bail granted to him by this Court. The

    prosecution, in such a situation, shall be at liberty to move

    an application seeking cancellation of bail granted to the

    petitioner today by this Court.

    It is however, made clear that findings recorded/observations

    made above are for limited purposes of adjudication of bail

    application. The trial court shall not get prejudiced by the same.

    (KULDEEP MATHUR),J
    264-Himanshu/-

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