Rajasthan High Court – Jaipur
Heeralal S/O Badrilal vs The State Of Rajasthan … on 16 April, 2026
[2026:RJ-JP:15857]
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
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
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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
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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
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