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
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
(Uploaded on 08/05/2026 at 02:56:36 PM)
(Downloaded on 08/05/2026 at 11:01:47 PM)
[2026:RJ-JD:22269] (2 of 3) [CRLMB-2199/2026]
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
(Uploaded on 08/05/2026 at 02:56:36 PM)
(Downloaded on 08/05/2026 at 11:01:47 PM)
[2026:RJ-JD:22269] (3 of 3) [CRLMB-2199/2026]
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/-
(Uploaded on 08/05/2026 at 02:56:36 PM)
(Downloaded on 08/05/2026 at 11:01:47 PM)
Powered by TCPDF (www.tcpdf.org)
