Rajasthan High Court – Jaipur
Kartik Rathore S/O Pradeep Singh vs State Of Rajasthan on 10 July, 2026
[2026:RJ-JP:25997]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous Bail Application No. 7459/2026
URN: CRLMB / 13582U / 2026
Kartik Rathore S/o Pradeep Singh, Aged About 28 Years, R/o
Village Shyampura Kalva, Police Station Parbatsar, Nagaur
District Nagaur. At Present Plot No. 9 Kalyan Colony, Khatipura
Mod, Police Station Vaishali Nagar, Jaipur
(At Present Accused Confined In Central Jail, Jaipur).
----Accused Petitioner
Versus
State of Rajasthan, Through PP
----Respondent
For Petitioner(s) : Mr. A.K. Gupta, Sr. Advocate
with Mr. Sarwat Alam, Advocate
Mr. Ashutosh Singh Naruka Advocate
For Respondent(s) : Mr. Sudesh Kumar Saini, Addl. GA
Mr. Manvendra Singh Shekhawat, Dy.
GA
Mr. Devi Singh Chaudhary, Dy. GA
HON’BLE MR. JUSTICE BHUWAN GOYAL
Order
10/07/2026
1. This bail application has been filed by the petitioner
under Section 483 BNSS, 2023 in FIR No. 0044/2026 registered at
Police Station, Vaishali Nagar, District Jaipur (West) for the offence
under Section 8/22 of NDPS Act, 1985.
2. Learned Sr. Counsel for the petitioner submits that the
petitioner has been falsely implicated in this matter. The petitioner
was not informed the grounds of his arrest. The arrest of the
petitioner is in violation of Articles 21 and 22 of the Constitution of
India as also Section 47 and 48 of BNSS, 2023. The petitioner is in
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judicial custody since 7.2.2026. The conclusion of trial is likely to
take long time, hence he may be released on bail.
3. In support of his contentions, he has placed reliance
upon the following judgments:
I) Prabir Purkayastha Versus State (NCT of Delhi) reported in
(2024) 8 Supreme Court Cases 254
II) Vihaan Kumar Versus State of Haryana and Another reported
in (2025) 5 SCC 799
III) Mihir Rajesh Shah Versus State of Maharashtra and Another
reported in (2026) 1 SCC 500
IV) Dr. Rajinder Rajan Versus Union of India & Anr. – 226 LiveLaw
(SC) 327
V) Jhabra Ram Versus State of Rajasthan passed in S.B. Criminal
Misc. Bail Application No. 4778/2026
4. Learned Addl. GA as well as learned Dy. GA have
opposed the same and submit that as per point no. 10 of the
arrest memo, the grounds of arrest were duly informed to the
petitioner. They further submit that from the arrest memo
detailing out the facts of the case, it is clear that the accused had
substantive knowledge of the offence and the reason for his
detention. The petitioner was in custody on the basis of judicial
order. Thus, it cannot be said that his arrest was illegal. They
further submit that procedural lapses and technical irregularities
cannot be used to defeat justice. They further submit that after
investigation, when the offence was found to have been made out
against the petitioner, charge sheet was filed against him. They
further submit that during search, 10.79 Gms. M.D. Drug was
found from the clothes of the petitioner. The said contraband
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article is more than commercial quantity. They further submit that
2 other cases were registered against the petitioner, out of which
one case is related to NDPS Act. Thus, the petitioner is a habitual
offender, hence he should not be granted bail.
5. In support of their contentions, they have place reliance
upon the judgment 15.12.2025 passed by the Allahabad High
Court in Criminal Misc. Writ Petition No. 19091 of 2025 titled Nitin
Kumar Singh @ Nitin Versus State of UP and 4 others.
6. Taking into consideration the facts and circumstances
of the case and more particularly in view of the fact that 10.79
Gms. M.D. Drug, which is more than commercial quantity, was
recovered from the petitioner, without commenting on the merits
and demerits of the case, I do not deem it just and proper to
grant bail to the petitioner.
7. Accordingly the bail application filed by the petitioner is
dismissed.
(BHUWAN GOYAL),J
DK/8
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