ROSHAN v. UNION OF INDIA
Court: High Court of Rajasthan
Bench: BALJINDER SINGH SANDHU
Judgment date:
Case summary
High Court of Rajasthan judgment dated 2026-08-06. ROSHAN v. UNION OF INDIA. Read the judgment and case details on LawSphereX.
Judgment text
[2026:RJ-JP:37563] HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S. B. Criminal Miscellaneous Bail Application No. 10245/2026 CNR: RJHC010777192026 | URN: CRLMB / 22446U / 2026 Roshan S/o Kanhaiyalal, Aged About 27 Years, R/o Village Bhatoli Brahmanan, Tehsil Badi Sadri, District Chittorgarh (Raj) (Lodged In Central Jail Udaipur) ----Petitioner Versus Union Of India, Through Ncb ----Respondent For Petitioner(s) : Mr. Vijay Raj Bishnoi For Respondent(s) : Mr. Thanaram Bishnoi Spl. PP with Mr. Gopal Singh Shekhawat HON'BLE MR. JUSTICE BALJINDER SINGH SANDHU Order 06/08/2026 Heard learned counsel for the parties, and perused the material available on record. The petitioner has been arrested in connection with FIR No. 03/2026 of Police Station CBN Udaipur, District Udaipur, for the offences punishable under Sections 8/15(B) of NDPS Act. He has preferred this bail application under Section 483 of BNSS.
Learned counsel for the petitioner submits that the alleged recovery from the petitioner is 12. 800 kg of poppy straw. It is submitted that the recovery effected from the petitioner is separate and distinct from the recoveries made from the other accused persons, and in total recovery of 40. 730 kg of poppy straw is below the commercial quantity. It is also stated that the petitioner has no criminal antecedents under the NDPS Act. The [2026:RJ-JP:37563] (2 of 3) [CRLMB-10245/2026] petitioner has been in judicial custody since 19. 07. 2026, and the trial is likely to take a 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 recovery from the petitioner is 12. 800 kg of poppy straw.
The recovery effected from the petitioner is separate and distinct from the recoveries made from the other accused persons, and the total recovery of 40. 730 kg of poppy straw is below the commercial quantity. Further, the petitioner has no criminal antecedents under the NDPS Act. The petitioner has remained in judicial custody since 19. 07. 2026. Hence, keeping in view of the fact that conclusion of the trial of the case is likely to take time. The recovered contrband is below commercial quantity 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 – Roshan S/o Kanhaiyalal, 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 [2026:RJ-JP:37563] (3 of 3) [CRLMB-10245/2026] and every date of hearing and whenever called upon to do so till the completion of the trial. (BALJINDER SINGH SANDHU),J 57/Jatin Kumar
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