Bharu @ Bhanji S/O Shri Rama Vs State of Rajasthan — Narcotics (NDPS) | Rajasthan HC (2026)

Bharu @ Bhanji S/O Shri Rama Vs State of Rajasthan — Narcotics (NDPS) | Rajasthan HC (2026)

What the court decided

AI extract

Outcome

Accused-petitioner Bharu @ Bhanji S/o Shri Rama to be enlarged on bail in connection with FIR No. 57/2025, Police Station Madanganj, District Ajmer, subject to furnishing a personal bond of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge, for appearance on all dates of hearing and as and when called upon.

Issue for consideration

Whether accused-petitioner Bharu @ Bhanji, arrested in connection with FIR No. 57/2025 (Police Station Madanganj, District Ajmer) for offences under Section 8/21 NDPS Act and in custody since 19.12.2025, should be enlarged on bail under Section 483 BNSS, notwithstanding the prosecution's contentions that he is a habitual offender implicated through the co-accused Salim's disclosure statement.

Court's answer

Bail allowed under Section 483 BNSS: considering the arguments of counsel and the fact that the accused-petitioner is in custody since 19.12.2025 and the trial may take considerable time, and without commenting on the merits, the Court deemed it just and proper to enlarge accused-petitioner Bharu @ Bhanji on bail in connection with FIR No. 57/2025 (Police Station Madanganj, District Ajmer) on furnishing a personal bond of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge.

Detailed headnote1 paragraphs

Bail — Narcotic Drugs and Psychotropic Substances Act — Sections 8/21 NDPS Act — application under Section 483 BNSS allowed. Accused-petitioner Bharu @ Bhanji, arrested in connection with FIR No. 57/2025 registered at Police Station Madanganj, District Ajmer, after 53 gm of smack was effected from co-accused Salim who named him as the supplier (prosecution contending he is a habitual offender on the basis of the co-accused's disclosure statement). Held: considering that the petitioner is in custody since 19.12.2025 and the trial may take considerable time, and without commenting on the merits of the case, he is enlarged on bail on furnishing a personal bond of Rs.50,000/- with two sureties of Rs.25,000/- each. (Paras 12-21; Praveer Bhatnagar, J.; decided 15/01/2026.)

[2026:RJ-JP:1658]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

S.B. Criminal Miscellaneous Bail Application No. 492/2026

Bharu @ Bhanji S/o Shri Rama, Aged About 53 Years, R/o Village Sargaon, Police Station Bhinai, District Ajmer (Raj.). (At Present Confined In Central Jail Ajmer).

----Petitioner

Versus

State Of Rajasthan, Through PP

----Respondent

For Petitioner(s) : Mr. Vinay Pal Yadav For Respondent(s) : Mr. Manvendra Singh, PP

HON'BLE MR. JUSTICE PRAVEER BHATNAGAR Order

15/01/2026

The instant bail application has been filed under Section 483 BNSS on behalf of accused-petitioner. The accused-petitioner has been arrested in connection with FIR No. 57/2025 registered at Police Station Madanganj, District Ajmer for the offences under Section 8/21 of NDPS Act.

Learned counsel for the accused-petitioner submits that the accused-petitioner has falsely been implicated in this case. He further submits that the contraband article containing 53 gm of smack was effected from the other co-accused Salim and Salim has named the petitioner. There is no substantive evidence available on record that the petitioner has supplied the smack to the co-accused Salim. The petitioner is in custody since 19.12.2025 and trial of the case may take considerable time,

[2026:RJ-JP:1658]

[CRLMB-492/2026]

(2 of 2)

therefore, the bail application of the accused-petitioner may be allowed.

Learned Public Prosecutor has vehemently opposed the bail application and contended that petitioner is a habitual offender and in the disclosure statement of the other co-accused, he revealed that the petitioner supplied the contraband to him, therefore, considering the above facts, the bail application of the accused-petitioner may be dismissed.

Heard and perused the material available on record.

Considering the arguments advanced by learned counsel for the petitioner and looking to the fact that the accused-petitioner is in custody since 19.12.2025 and the trial of the case may take considerable time, without commenting anything on the merits of the case, I deem it just and proper to enlarge the accusedpetitioner on bail.

Accordingly, the bail application under Section 483 BNSS is allowed and it is ordered that the accused-petitioner Bharu @ Bhanji S/o Shri Rama, in connection with FIR No. 57/2025 registered at Police Station Madanganj, District Ajmer, shall be enlarged on bail provided he furnishes a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge for his appearance before the court concerned on all the dates of hearing and as and when called upon to do so.

(PRAVEER BHATNAGAR),J

Keshav/198