Allowed

Sharwan Kumar Vishnoi S/O Khammuram v. State of Rajasthan

Rajasthan HC8 Jan 2026CRLMB/95/2026

Case brief

AI extract

What is this about?

The High Court allowed the bail application of an accused charged with offences under the NDPS Act. Relying on the bail of a co-accousand the lack of contraband recovered from the petitioner, and deferring judgment on merits, the Court granted bail with standard conditions.

What did the court decide?

Accused-petitioner released on bail by furnishing a personal bond of Rs. 1 lakh and two sureties of Rs. 50,000 each, subject to appearance conditions.

Sharwan Kumar Vishnoi S/O Khammuram Vs State of Rajasthan — Narcotics (NDPS) | Rajasthan HC (2026)

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[2026:RJ-JP:582]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous Bail Application No. 95/2026

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Sharwan Kumar Vishnoi S/o Khammuram, Aged About 32 Years, R/o Dhatarwala Ka Gaav Police Station Bhojasar, District Phalodi, At Present Imam Nagar, Sajnaniyo Ki Dhani, Police Station Chaku, District Phalodi (Raj.). (At Present Confined In District Jail, Kota).

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----Accused-Petitioner

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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. Rajveer Singh Gurjar, Adv. For Respondent(s) : Mr. Amit Punia, PP with Mr. Shubham Kumar Sain, AAAG

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HON'BLE MR. JUSTICE ANIL KUMAR UPMAN

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Order

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08/01/2026

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The instant bail application has been filed under Section 483 of BNSS on behalf of the petitioner, who has been arrested in connection with FIR No.270/2023 registered at Police Station Chechat, District Kota Rural for the offences punishable under Sections 8/15 of NDPS Act.

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It is contended by learned counsel for the petitioner that the accused-petitioner has falsely been implicated in this case. He submits that co-accused of this case, who was found in possession of contraband, has already been granted benefit of bail by this Court vide order dated 28.11.2025. He further submits that there are two criminal antecedents against the petitioner, but in this case also no recovery was made from the possession of the

[2026:RJ-JP:582]

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petitioner. He argues that trial of the case will take considerable time in its conclusion. He contends that the petitioner is in custody since his date of arrest and further custody of the petitioner would not serve any fruitful purpose.

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Learned Public Prosecutor opposes the submissions made by the learned counsel for the petitioner. He submits that matter pertains to the recovery of commercial quantity and there are two criminal antecedents against the petitioner.

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I have considered the contentions.

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Having regard to the totality of the facts and circumstances of the case; considering the arguments advanced by learned counsel for the petitioner, especially the fact that co-accused of this case, who was found in possession of contraband, has been granted benefit of bail by this Court; no contraband has been recovered from the possession of the petitioner and trial will take time in its conclusion as well as looking to the period of custody, but without commenting anything on the merits/demerits of the case, I deem it proper to allow the bail application.

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This bail application is accordingly allowed and it is directed that accused-petitioner- Sharwan Kumar Vishnoi S/o Khammuram shall be released on bail provided, he furnishes a personal bond in the sum of Rs.1,00,000/- (Rupees One Lakh Only) together with two sureties in the sum of Rs.50,000/(Rupees Fifty Thousand Only) each to the satisfaction of the learned trial Court with the stipulation that he shall appear before that Court and any Court to which the matter is transferred, on all

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subsequent dates of hearing and as and when called upon to do so.

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It is made clear that the accused-petitioner shall not involve in any other offence(s) during currency of the bail and he shall mark his presence in first week of every month in the concerned police station, till trial is concluded.

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Concerned SHO shall record the presence of the petitioner in Roznamcha. In case the petitioner fails to mark his presence in the concerned police station, as directed above, the concerned SHO is directed to immediately report the matter to the concerned Court in this regard.

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If any breach of these conditions is reported or come to the notice of the Court, the same shall alone be a reason for the trial Court to cancel the bail granted to him by this Court.

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Office is directed to send a copy of this order to the concerned SHO for necessary compliance.

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The observation made hereinabove is only for decision of the instant bail application and would not have any impact on the trial of the case in any manner.

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(ANIL KUMAR UPMAN),J

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MADAN/40

Sharwan Kumar Vishnoi S/O Khammuram v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Sharwan Kumar Vishnoi S/O Khammuram v. State of Rajasthan

Case brief

What is this about?

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