Rajasthan High Court – Jodhpur
Shambhu Lal vs State Of Rajasthan (2025:Rj-Jd:27266) on 17 June, 2025
[2025:RJ-JD:27266]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 3298/2025
Shambhu Lal S/o Shri Nanda, Aged About 30 Years, R/o Achalaji
Ka Kheda (Jhanjhola), Police Station Kachhola, District Bhilwara.
(At Present Lodged In Dist Jail Bhilwara)
----Petitioner
Versus
State Of Rajasthan, Through Public Prosecutor
----Respondent
For Petitioner(s) : Mr. S.K. Bhati
Mr. Bharat Gurjar
For Respondent(s) : Mr. C.S. Ojha, Public Prosecutor
HON'BLE MR. JUSTICE CHANDRA PRAKASH SHRIMALI
(VACATION JUDGE)
Order
17/06/2025
This 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 F.I.R. No.88/2024, registered at Police Station
Mandalgarh, District – Bhilwara, for the offences under Sections
8/15 and 8/29 of the NDPS Act.
Heard learned counsel for the petitioner and the learned
Public Prosecutor. Perused the material available on record.
As per the case of the prosecution, on 03.04.2024, the SHO,
Police Station Mandalgarh, during routine naakabandi, intercepted
one Alto Car bearing registration No.RJ-48-CA-0842. The driver of
the Alto Car namely Rajendra Kumar Meena, on being interrogated
by the SHO, informed that he was escorting two Eeco cars having
registration No.RJ-06-UB-3427 and RJ-51-CA-6551 loaded with
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narcotic contraband. When these cars, which were following the
aforesaid Alto Car, were intercepted by the investigating agency,
the co-accused Dinesh Meena and Ravi Prakash were found sitting
in car bearing registration No.RJ-51-CA-6551 and the co-accused
Kamlesh Meena and Prakash were found sitting in car bearing
registration No.RJ-06-UB-3427. The police team, searched both
the cars and recovered contraband Doda powder (poppy husk)
weighing 47.120 Kg from car bearing registration No.RJ-51-CA-
6551 and contraband Doda powder (poppy husk) weighing 46.870
Kg from car bearing registration No.RJ-06-UB-3427.
The allegation against the present petitioner Shambhu Lal is
that he asked for the contraband Doda powder (poppy husk) from
the co-accused aforesaid and on his demand, the accused persons
were going to supply the same to him.
Learned counsel for the petitioner argued that accused-
petitioner has been falsely implicated in the present case. He has
not made any demand for the said contraband from the co-
accused aforesaid. The co-accused Dinesh Meena and Ravi
Prakash have been enlarged on bail by a Coordinate Bench of this
Court vide order dated 13.05.2025, passed in S.B. Criminal Misc.
Bail Application No.763/2025. Similarly, co-accused Rajendra
Kumar, Prakash and Kamlesh have also been enlarged on bail by a
Coordinate Bench of this Court vide order dated 26.05.2025,
passed in S.B. Criminal Misc. Bail Application No.761/2025 and
1146/2025. The case of the present petitioner is on better footing
than that of the co-accused aforesaid who have been enlarged on
bail.
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Learned counsel for the petitioner further submitted that the
accused is in judicial custody since 17.02.205 and the trial of the
case will take sufficiently long time, therefore, the accused-
petitioner may be enlarged on bail.
Per contra, learned Public Prosecutor vehemently opposed
the bail application and submitted that accused has committed a
serious crime under the NDPS Act. He is involved in the illegal
business of sale/purchase of the narcotic drugs. Therefore, he
prayed that looking to the gravity of the offence, benefit of bail
may not be extended to the petitioner.
Having considered the rival submissions; considering that the
only allegations against the present petitioner is for demand of the
illegal contraband; co-accused Dinesh Meena, Ravi Prakash,
Rajendra Kumar, Prakash and Kamlesh have already been
enlarged on bail by a Coordinate Bench of this Court; considering
the overall facts and circumstances of the case, without
expressing any opinion on merits/demerits of the case, this Court
is inclined to enlarge the petitioner on bail.
Consequently, the bail application under Section 483 of BNSS
(439 Cr.P.C.) is allowed. It is ordered that the accused-petitioner
Shambhu Lal S/o Shri Nanda, arrested in connection with F.I.R.
No.88/2024, registered at Police Station Mandalgarh, District –
Bhilwara, shall be released on bail, if not wanted in any other
case, provided he furnishes a personal bond of Rs.1,00,000/- and
two sureties of Rs.50,000/- each, to the satisfaction of learned
trial court, for his appearance before that court on each & every
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date of hearing and whenever called upon to do so till completion
of the trial.
(CHANDRA PRAKASH SHRIMALI),VJ
20-Ramesh Goyal, P.S./-
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