Balwant Alias Balwant Singh vs State Of Rajasthan (2026:Rj-Jd:14610) on 28 March, 2026

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    Rajasthan High Court – Jodhpur

    Balwant Alias Balwant Singh vs State Of Rajasthan (2026:Rj-Jd:14610) on 28 March, 2026

    [2026:RJ-JD:14610]
    
            HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                             JODHPUR
         S.B. Criminal Miscellaneous Bail Application No. 767/2026
    
    Balwant @ Balwant Singh S/o Shri Bapu Lal, Aged About 32
    Years,     Resident    Of       Gandher      Police      Station    And    District
    Pratapgarh
    (At Present Lodged In District Jail Pratapgarh)
                                                                         ----Petitioner
                                         Versus
    State Of Rajasthan, Through PP
                                                                       ----Respondent
    
    
    For Petitioner(s)           :     Mr. Ramesh Purohit
    For Respondent(s)           :     Mr. Pawan Bhati, PP
    
    
    
               HON'BLE MR. JUSTICE MUKESH RAJPUROHIT

    Order

    28/03/2026

    SPONSORED

    This second application for bail under Section 483 of BNSS

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

    the present matter. The requisite details of the matter are

    tabulated herein below:

    S. No.                     Particulars of the case
       1.      FIR Number                  305/2025
       2.      Police Station              Pratapgarh
       3.      District                    Pratapgarh
    

    4. Offences alleged in the FIR Sections 8/15 & 29 of NDPS
    Act & 3 & 25 of Arms Act

    5. Offences added, if any –

    The 1st bail application filed on behalf of petitioner i.e. S.B.

    Criminal Misc. Bail Application No.9906/2025 was dismissed vide

    order dated 08.12.2025 passed by this Court with the liberty to

    the petitioner to file fresh bail application after filing of the charge-

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    sheet. Now the charge-sheet has been filed. Hence, this second

    application for bail has been filed.

    Learned counsel for the petitioner submits that the petitioner

    has been falsely implicated in the present case. It is further

    submitted that the recovery has been affected from an abandoned

    vehicle. The petitioner was connected in this case only on the

    basis of statement of co-accused Sunder Lal the person who was

    escorting the vehicle. It is further submitted that the alleged

    recovery of contraband was stated to be affected on 05.07.2025

    whereas same were sent for the FSL on 07.10.2025, after an

    inordinate and unjustified delay of almost three months. He has

    also submitted that Clause 1.13 of Standing Order No.1/1988

    dated 15.03.1988, mandates that samples drawn ought to have

    been sent for FSL examination within 72 hours from recovery.

    Learned counsel for the petitioner has placed reliance on the

    judgment rendered in Rambabu v. State of Rajasthan (SLP

    (Crl.) No. 5648/2025 and SLP (Crl.) No. 5732/2025),

    decided on 13.08.2025, wherein relief was granted considering the

    delay and lack of substantive evidence.

    Learned counsel for the petitioner also relied upon the

    judgment rendered by the Hon’ble Supreme Court in Wajid Ali @

    Tinku Vs. State of Rajasthan (Special Leave to Appeal

    No.7049/2025) decided on 09.02.2026.

    It is further submitted that the challan has already been

    filed; the petitioner is in custody since 06.07.2025; the trial of the

    case is likely to take a sufficiently long time to conclude;

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    therefore, further incarceration of the petitioner is not warranted,

    and the benefit of bail deserves to be granted.

    Per contra, learned Public Prosecutor has vehemently

    opposed the bail applications and submitted that the petitioner is

    having criminal antecedents under the NDPS Act, therefore, he

    may not be enlarged on bail. However, he is not in a position to

    refute the fact that the FSL samples were sent after an inordinate

    delay of about three months.

    In counter to the submission, it is submitted by learned

    counsel for the petitioner that the criminal antecedents are prior

    to 2019 and in these cases, the petitioner has already been

    enlarged on bail.

    Having heard and considered the rival submissions, facts and

    circumstances of the case as well as perused material available on

    record; considering Clause 1.13 of Standing Order No.1/1988

    dated 15.03.1988, which mandates that samples drawn ought to

    have been sent for FSL examination within 72 hours from

    recovery; the challan has already been filed; the petitioner has

    remained in custody since 06.07.2025; and that the trial of the

    case will take sufficient long time to conclude; without expressing

    any opinion on merits/demerits of the case, this Court is inclined

    to enlarge the petitioner on bail.

    Consequently, the second bail application under Section 483

    of BNSS (439 Cr.P.C.) is allowed. It is ordered that the accused-

    petitioner as named in the cause title, arrested in connection with

    the above mentioned FIR, shall be released on bail, if not wanted

    in any other case, provided applicant furnishes a personal bond of

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

    satisfaction of learned trial court, for their appearance before that

    court on each & every date of hearing and whenever called upon

    to do so till completion of the trial.

    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.

    (MUKESH RAJPUROHIT),J
    168-Ramesh/-

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