Jagdish Prasad Kuldeep S/O Prakash Kuldeep Vs State of… — Narcotics (NDPS) | Rajasthan HC (2026)

Jagdish Prasad Kuldeep S/O Prakash Kuldeep Vs State of… — Narcotics (NDPS) | Rajasthan HC (2026)

What the court decided

AI extract

Outcome

Bail applications dismissed as withdrawn at counsel's request, with liberty to the applicants to move fresh bail application(s) upon filing of the charge-sheet; no prejudice to be caused on account of the withdrawal.

Issue for consideration

Whether the applicant Jagdish Prasad Kuldeep, stated to have been falsely implicated merely on the basis of the submissions of co-applicant Babulal Harijan and facing a recovery of 53 grams said to be slightly higher than the commercial quantity, is entitled to bail under Section 483 BNSS. +1 more

Court's answer

Considering the request made by learned counsel for the applicants, the present bail applications are dismissed as withdrawn, with liberty to the applicants to move bail application(s) upon filing of the charge-sheet.

Ratio / Principle

It is made clear that no prejudice shall be caused to the applicants on account of the withdrawal of the present application(s).

Detailed headnote1 paragraphs

Rajasthan High Court (Jaipur Bench), Single Judge (Sameer Jain, J.), order dated 18/03/2026: Bail applications under Section 483 BNSS by Jagdish Prasad Kuldeep (S.B. Criminal Miscellaneous Bail Application No. 541/2026) and connected applicant Babulal Harijan (No. 2558/2026), both confined in Central Jail Jaipur, arising from arrest in FIR No. 538/2025, Police Station Vidyadharnagar, District Jaipur City (North), for offences under Section 8/22 of the NDPS Act, 1985. Counsel for Jagdish Prasad Kuldeep pleaded false implication resting merely on the submissions of co-applicant Babulal Harijan and noted the recovered quantity of 53 grams was only slightly higher than the commercial quantity. The Public Prosecutor opposed, invoking State of Kerala Vs. Rajesh Kumar (SLP (Crl.) Nos. 7309−7312 of 2019) and Nisha Devi Vs. State of HP (Cr.MP(M) No. 143/2016) to urge that the embargo of Section 37 applies and prima facie consideration must be carried out, adding that investigation was ongoing and the charge-sheet was yet to be filed. Counsel then sought leave to withdraw; the Court dismissed the applications as withdrawn with liberty to move afresh upon filing of the charge-sheet, clarifying that no prejudice would be caused on account of the withdrawal. The Section 37 / prima facie question was not adjudicated.

[2026:RJ-JP:11577]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

S.B. Criminal Miscellaneous Bail Application No. 541/2026

Jagdish Prasad Kuldeep S/o Prakash Kuldeep, Aged About 40 Years, R/o Dabar Colony, Kaladera, Police Station Kaladera, Jaipur Rural.

(At Present Confined In Central Jail Jaipur, District Jaipur).

----Applicant

Versus

State of Rajasthan through PP

----Respondent

Connected With

S.B. Criminal Miscellaneous Bail Application No. 2558/2026 Babulal Harijan S/o Shri Bhanwarlal Harijan, Aged About 30 Years, R/o Bawadi Ki Dhani, Shiva Colony Village Anuppura, Police Station Kaladera, Jaipur Rural. (At Present Confined In Central Jail Jaipur).

----Applicant

Versus

State of Rajasthan through PP

	----Respondent
For Petitioner(s)	: Mr. Mukesh Kumar Saini Mr. Kawal Singh Loha
For Respondent(s)	: Mr. Jaiprakash Tiwari,PP

HON'BLE MR. JUSTICE SAMEER JAIN

Order

18/03/2026

The instant bail application has been filed under Section 483 BNSS on behalf of accused-applicant. The accused-applicant was arrested in connection with FIR No. 538/2025 registered at Police Station Vidyadharnagar District Jaipur City (North) for the offence(s) under Section 8/22 of NDPS Act, 1985.

[2026:RJ-JP:11577]

[CRLMB-541/2026]

(2 of 2)

Learned counsel for the applicant-Jagdish Prasad Kuldeep has submitted that the applicant has been falsely implicated in the matter merely on the basis of submissions of applicant- Babulal Harijan. It is submitted that the quantity recovered from the applicant is 53 grams which is slightly higher than the commercial quantity.

Per contra, learned Public Prosecutor has opposed the instant bail applications and submitted that as per the ratio encapsulated in State of Kerala Vs. Rajesh Kumar reported in SLP (Crl.) Nos.7309−7312 of 2019 and Nisha Devi Vs. State of HP reported in Cr.MP(M) No.143/2016, the embargo of Section 37 applies and prima facie consideration has to be carried out. It is further submitted that investigation is ongoing and charge-sheet is yet not filed.

At this juncture, learned counsel for the applicants has requested for a liberty to withdraw the present bail applications, with liberty to move the same on change in circumstances.

Considering the request made by learned counsel for the applicant(s), the present bail applications are dismissed as withdrawn, with a liberty to the applicants that they may move bail application(s) upon filing of charge-sheet. It is made clear that no prejudice be caused, on account of withdrawal of the present application(s).

A copy of present order be placed in the connected application.

(SAMEER JAIN),J

JKP/37-38