Allowed

Smt Kajal W/O Pawan v. State of Rajasthan

Rajasthan HC1 May 2026CRLMB/5981/2026

Case brief

AI extract

What is this about?

Bail applications under Section 483 BNSS for five accused in an NDPS ganja recovery case; court held recoveries were individual from separate bags, quantity not commercial, Section 37 NDPS not attracted, and granted bail subject to bonds and conditions.

What did the court decide?

Applicants released on bail on personal bond of ₹50,000 each with two like sureties, subject to conditions.

Smt Kajal W/O Pawan Vs State of Rajasthan — Narcotics (NDPS) | Rajasthan HC (2026)

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[2026:RJ-JP:18685]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous Bail Application No. 5980/2026

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Satyanarayan Vaishnav Urf Maharaj Ji S/o Shri Harivallabh, Aged About 51 Years, Balakheda, Police Station Anta District Baran (Rajasthan) (At Present Accused Petitioner Confined In District Jail Kota).

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----Petitioner

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Versus

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State Of Rajasthan, Through PP

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----Respondent

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Connected With

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S.B. Criminal Miscellaneous Bail Application No. 5981/2026

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Smt Kajal W/o Pawan, Aged About 25 Years, R/o Village Sehriya Basti Wear House Ke Peeche, Atru, Police Station Atru, District Baran (Rajasthan) (At Present Accused Petitioner Confined In District Jail Kota).

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Smt. Bimla Bai W/o Surendra, Aged About 33 Years, R/o Balakheda, Police Station Anta District Baran (Rajasthan). (At Present Accused Petitioner Confined In District Jail Kota).

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Smt. Mandor W/o Harish, Aged About 24 Years, R/o Kalmunda, Police Station Kotwali, Baran, District Baran (Rajasthan) (At Present Accused Petitioner Confined In District Jail Kota).

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Smt. Sanju W/o Mukesh, Aged About 30 Years, R/o Balakheda, Police Station Anta District Baran (Rajasthan) (At Present Accused Petitioner Confined In District Jail Kota).

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----Petitioners

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Versus

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State Of Rajasthan, Through PP

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----Respondent

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For Petitioner(s) : Mr. Utkarsh Dubey For Respondent(s) : Mr. Vijay Singh Yadav, PP

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[2026:RJ-JP:18685]

[CRLMB-5980/2026]

HON'BLE MR. JUSTICE ASHOK KUMAR JAIN

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Order

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01/05/2026

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The present bail applications under Section 483 of BNSS are filed by the applicants-accused 1.Satyanarayan Vaishnav Urf Maharaj Ji S/o Shri Harivallabh, 2.Smt Kajal W/o Pawan, 3.Smt. Bimla Bai W/o Surendra, 4.Smt. Mandor W/o Harish & 5.Smt. Sanju W/o Mukesh , seeking bail in respect of a criminal case registered as FIR No.57/2026 dated 28.02.2026 registered at Police Station GRP, Kota, District Ajmer for the offence under Sections 8/20, 29 of NDPS Act.

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Learned counsel for the applicants submits that the applicants have been falsely implicated in the matter and the investigation against them is complete and they are no more required in investigation. He further submits that there are no chance of fleeing of applicants accused from the jurisdiction of this Hon’ble Court. He also submits that the applicants undertakes not to repeat offence and cooperate during trial, which will take time.

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Learned counsel for the petitioners submits that the coaccused Smt. Sangeeta Bai was released on bail by a Coordinate Bench of this Court on 08.04.2026 after placing reliance upon judgment dated 02.11.2023 of Hon'ble Apex Court in case of Puranmal Jat Vs. State of Rajasthan in Criminal Appeal No. 3394/2023 arising out of SLP (Crl.) No. 10670/2023 . He further submits that this is not a case of joint recovery, as the trial Court has erroneously

[2026:RJ-JP:18685]

[CRLMB-5980/2026]

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construed the case as joint recovery and mandated compliance of Section 37 of the NDPS Act, before grant of bail. He further submits that seizure memo itself indicate that the recovery was effected individually from individual bag of each of the accused, therefore, a joint recovery cannot be presumed. He also submits that the recovered quantity is less than commercial. He also submits that four accused persons namely Kajal, Bimla Bai, Mandor and Sanju are females. At last he submits that two accused were already released on bail by the trial Court itself.

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Learned Public Prosecutor has vehemently opposed the bail applications and submitted that the allegations are grave and serious in nature.

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Heard learned counsel for the parties and learned Public Prosecutor. Perused the material placed on record.

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On 28.02.2026, SHO GRP Ajmer has recovered differentdifferent quantity of ganja from bags of Surendra, Pawan, Kajal, Bimla Bai, Sangeeta Bai, Mandor and Sanju. The trial Court has dismissed the bail application of Satyanarayan, Kajal, Bimla Bai, Mandor and Sanju on the ground that total quantity recovered is 22.798 kg and same is commercial. The bail application was dismissed in view of Section 37 of the NDPS Act.

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A Co-ordinate Bench of this Court after considering the judgment of Hon'ble Apex Court in case of Puranmal Jat Vs. State of Rajasthan (supra) has allowed the bail application of Smt. Sangeeta Bai on 08.04.2026. Thereafter, the trial Court has allowed bail applications of Pawan and

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[2026:RJ-JP:18685]

[CRLMB-5980/2026]

Surendra on 22.04.2026. The recovered quantity is less than commercial, as recovery is effected from different-different bags belonging to different different persons. The petitioner accused Satyanarayan was arrayed as an accused under Section 8/29 of NDPS Act, as the source of contraband. The provision of Section 37 of NDPS Act is not attracted in the matter.

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Upon hearing the arguments and perusing the record, we have found that the applicants-accused are no more required in the investigation and they are in custody for quite some time. The further proceedings will take its own time, therefore, looking to entirety of facts and circumstances of the case and without expressing any opinion on merits of the case, the Court deems it appropriate to grant bail to the applicants-accused.

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Thus, the instant bail applications filed on behalf of applicants-accused 1.Satyanarayan Vaishnav Urf Maharaj Ji S/o Shri Harivallabh, 2.Smt Kajal W/o Pawan, 3.Smt. Bimla Bai W/o Surendra, 4.Smt. Mandor W/o Harish & 5.Smt. Sanju W/o Mukesh , are hereby allowed and the applicants-accused are ordered to be released on bail with condition that each of the petitioner would furnish a personal bond of ₹50,000/- with two sureties of like amount to the satisfaction of the Trial Court with the following conditions:-

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(i) The applicants-accused shall not tamper with evidence or influence the witness in any manner.

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(5 of 5) [CRLMB-5980/2026]

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[2026:RJ-JP:18685]

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(ii) The applicants-accused shall not indulge in any criminal activity and shall not repeat any criminal offence punishable under the Law.

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(iii) The applicants-accused shall attend the hearing of the Trial Court on the date fixed by the Trial court or as and when asked to appear before the Trial Court.

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(iv) In case of any violation of above conditions, the bail granted to the applicants-accused shall be liable to be canceled.

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The Registry is directed to send a copy of this order to the Trial Court through E-mail.

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(ASHOK KUMAR JAIN),J

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MR/57-58

Smt Kajal W/O Pawan v. State of Rajasthan

Case brief

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Smt Kajal W/O Pawan v. State of Rajasthan

Case brief

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