ISHAQ MOHAMMAD ALIAS BAGGA v. STATE OF RAJASTHAN
Court: High Court of Rajasthan
Bench: BALJINDER SINGH SANDHU
Judgment date:
Case summary
High Court of Rajasthan judgment dated 2026-08-03. ISHAQ MOHAMMAD ALIAS BAGGA v. STATE OF RAJASTHAN. Read the judgment and case details on LawSphereX.
Judgment text
[2026:RJ-JP:36186] HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S. B. Criminal Miscellaneous Bail Application No. 8363/2026 CNR: RJHC010596642026 | URN: CRLMB / 18204U / 2026 Ishaq Mohammad Alias Bagga S/o Yasin Khan, Aged About 30 Years, R/o Ward No 01 Jandawali Police Station Sadar Hanumangarh Dist Hanumangarh. (At Present Lodged In District Jail Hanumangharh) ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Achala Ram For Respondent(s) : Ms. Sonu Manawat, PP HON'BLE MR. JUSTICE BALJINDER SINGH SANDHU Order 03/08/2026 Heard learned counsel for the parties, and perused the material available on record. The petitioner has been arrested in connection with FIR No. 275/2026 of Police Station Hanumangarh Junction, District Hanumangarh, for the offences punishable under Sections 8/21 and 29 of NDPS Act. He has preferred this bail application under Section 483 of BNSS.
Learned counsel for the petitioner submits that the alleged contraband recovered in the present case is 15. 82 grams of smack, which was recovered from the co-accused, Sabir Khan. He submits that the petitioner has been implicated solely on the basis of the disclosure statement of the said co-accused, wherein Sabir Khan allegedly stated that the recovered contraband had been [2026:RJ-JP:36186] (2 of 3) [CRLMB-8363/2026] procured from the petitioner. It is further submitted that, upon completion of the investigation, the charge-sheet has already been filed against the petitioner for the offences punishable under Sections 8 and 29 of the NDPS Act. Thus, the investigation qua the petitioner stands completed. Learned counsel further submits that, although the petitioner has one previous conviction under the Excise Act, the remaining criminal cases registered against him pertain to offences under the IPC and other offences.
It is also submitted that the trial is likely to take considerable time to conclude. Per contra, learned Public Prosecutor has vehemently opposed the bail application. This Court has considered the arguments advanced by learned counsel for the petitioner and finds that the alleged contraband, i. e. , 15. 82 grams of smack, was recovered from the co-accused, Sabir Khan. The petitioner has been implicated primarily on the basis of the disclosure statement of the co-accused, wherein Sabir Khan allegedly stated that the recovered contraband had been procured from the petitioner. It is further noticed that, upon completion of the investigation, the charge-sheet has already been filed against the petitioner. Thus, the investigation qua the petitioner stands completed.
As regards the criminal antecedents of the petitioner, it has been submitted that he has one previous conviction under the Excise Act, whereas the remaining criminal cases registered against him pertain to offences under the IPC. It is also not disputed that the trial is likely to take considerable time to conclude. [2026:RJ-JP:36186] (3 of 3) [CRLMB-8363/2026] Hence, keeping in view of the fact that conclusion of the trial of the case is likely to take time and the prosecution has not shown any apprehension of the petitioner fleeing away from justice, in case he is enlarged on bail and without expressing any opinion on the merits of the case, this Court deems it just and proper to grant bail to the petitioner under Section 483 of BNSS.
Accordingly, this bail application filed under Section 483 of BNSS is allowed and it is directed that petitioner – Ishaq Mohammad Alias Bagga S/o Yasin Khan, shall be released on bail in connection with aforesaid FIR, if not wanted in any other case, provided he executes a personal bond in the sum of Rs. 1,00,000/- with two sound and solvent sureties of Rs. 50,000/-each to the satisfaction of learned trial court for his appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial. (BALJINDER SINGH SANDHU),J 61/Hanuman Ram
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