LOKESH v. STATE OF RAJASTHAN
Court: High Court of Rajasthan
Bench: BALJINDER SINGH SANDHU
Judgment date:
Case summary
High Court of Rajasthan judgment dated 2026-08-07. LOKESH v. STATE OF RAJASTHAN. Read the judgment and case details on LawSphereX.
Judgment text
[2026:RJ-JP:37805] HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S. B. Criminal Miscellaneous Bail Application No. 9187/2026 CNR: RJHC010647512026 | URN: CRLMB / 19962U / 2026 Lokesh S/o Lachhiram Ji, Aged About 23 Years, Resident Of Gardana, Police Station Nikumbh, Tehsil Bhadesar, District Chittorgarh, Rajasthan. (Presently Lodged In Central Jail Udaipur) ----Petitioner Versus State Of Rajasthan, Through Public Prosecutor ----Respondent For Petitioner(s) : Mr. Awar Dan Ujjwal For Respondent(s) : Mr. Hanuman Prajapati, PP HON'BLE MR. JUSTICE BALJINDER SINGH SANDHU Order 07/08/2026 This application for bail under Section 483 BNSS (439 Cr. P. C. ) has been filed by the petitioner who has been arrested in connection with F. I. R. No. 225/2025 registered at Police Station Sukher, District Udaipur, for offences under Sections 8/22, 8/15 and 8/29 of the NDPS Act.
Learned counsel for the petitioner submitted that the contraband recovered from Rakesh is 51 gm of MD and 10 Kg of Poppy Straw/Husk. He submits that the weight has been taken with the plastic bag and hence, the same is in fact below commercial quantity. He states that the co-accused Rakesh, Shambhu, Mahendra and Sagar Ram @ Kasab have already enlarged on bail by co-ordinate Bench of this Court, the petitioner’s case is on a better footing as he has only been [2026:RJ-JP:37805] (2 of 3) [CRLMB-9187/2026] enropped on the statements of the co-accused. Learned counsel submitted that the petitioner is in judicial custody since 25. 06. 2026 and the trial of the case will take sufficiently long time, therefore, the benefit of bail may be granted to the accused-petitioner. Per contra, learned Public Prosecutor has opposed the bail application and states that the quantity of the contraband recovered is commercial in nature.
This Court has considered the rival submissions, facts and circumstances of the case as well as perused the material available on record. The recovered contraband is 51 gm MD and 10 Kg of Poppy Husk/straw which has been measured along with the polythene bag. In such circumstance, it cannot be ruled out that the net weight could be below commercial. Further considering this fact that the co-ordinate Bench of this Court has already granted bail to Rakesh in SB CRLMB No. 8599/2025 dated 11. 08. 2025 from whom the alleged recovery has been affected. Nothing has been recovered from the possession of the petitioner. Furthermore, the other co-accused, namely Mahendra, Sagar, and Shambhu, whose cases stand on the same footing as that of the petitioner, have also been enlarged on bail. The petitioner is in judicial custody since 25. 06.
2026 Hence, keeping in view the overall facts and circumstances of the case; conclusion of the trial of the case is likely to take time; the narcotic contraband alleged to be recovered is below commercial quantity; the prosecution has not shown any apprehension of the petitioner fleeing away from justice, in case [2026:RJ-JP:37805] (3 of 3) [CRLMB-9187/2026] he is enlarged on bail; but, without expressing any opinion on the merits of the case, I deem it just and proper to grant bail to the petitioner under Section 483 of BNSS. Consequently, the bail application under Section 483 BNSS (439 Cr. P. C. ) is allowed. It is ordered that the accused-petitioner Lokesh S/o Lachhiram Ji arrested in connection with FIR No. 225/2025 registered at Police Station Sukher, District Udaipur, shall be released on bail, if not wanted in any other case, provided he furnishes a personal bond of Rs. 1,00,000/- and two sureties of Rs.
50,000/- each, to the satisfaction of learned trial court, for his appearance before that court on each & every date of hearing and whenever called upon to do so till completion of the trial. (BALJINDER SINGH SANDHU),J 89/Mayank Chouhan
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