Rajasthan High Court - Jodhpur
Urn: Crlmb / 10972U / 2026Jatinder Singh vs State Of Rajasthan (2026:Rj-Jd:22770) on 12 May, 2026
Author: Kuldeep Mathur
Bench: Kuldeep Mathur
[2026:RJ-JD:22770]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous II Bail Application No. 4830/2026
Jatinder Singh S/o Shri Balkar Singh, Aged About 35 Years,
Resident Of Gagarmal Police Station Lopoke Tehsil Ajnala,
District Amritsar, Punjab (Lodged In Sub Jail, Raisingh Nagar)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
Connected With
S.B. Criminal Miscellaneous II Bail Application No. 11210/2025
Manpreet Singh @ Baljindra Singh S/o Baldev Singh, Aged About
32 Years, R/o Atari, Police Station Gharinda, District Amritsar,
Punjab (Presently Lodged In Sri Ganganagar Jail)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. SR. Godara
Mr. Navneet Poonia
Mr. Priya Bishnoi
For Respondent(s) : Mr. Narendra Gehlot, PP
HON'BLE MR. JUSTICE KULDEEP MATHUR
Order 12/05/2026
1. These second applications for bail under Section 439 Cr.P.C. have been filed by the petitioners who have been arrested in connection with FIR No.07/2023 registered at Police Station Gajsinghpur, District Sriganganagar, for offence under Section 8/21 of the NDPS Act.
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2. Learned counsel for the petitioners submitted that as per the prosecution, on 15.01.2023, Assistant Commander/Company Commander of "B" Coy, 34 BN BSF alongwith his team, while patrolling the border area, apprehended accused petitioners - Jatinder and Manpreet Singh near BOP Khyaliwala with three bags and other articles including Indian currency and mobile phones. The accused had allegedly come to collect a heroin consignment sent from Pakistan through a drone. They were handed over to Police Station Gajsinghpur, where search of the bags led to recovery of six packets containing a total of 6.063 kg of contraband (heroin). Thereafter they were arrested.
3. Learned counsel submitted that the petitioners have been falsely implicated in this case. Learned counsel submitted that the petitioners are in judicial custody since 15.01.2023. He further submitted that out of total 23 cited prosecution witnesses, only 7 prosecution witnesses have been examined before competent Criminal Court. He further submitted that the delay in trial is not at all attributable to the petitioners. He submitted that the petitioners are in judicial custody since last more than three years and three months looking to the pace at which trial is being conducted against the present petitioners, the same is not likely to be concluded in near future.
4. In support of his contention, learned counsel for the petitioners placed reliance on the cases of Rabi Prakash Vs. State of Orisa (Leave to Appeal (Criminal) No.4169/2023 and Mohd Muslim @ Hussain Vs. State (NCT of Delhi) in Special Leave Petition (Crl.) No(s).915 of 2023.
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5. On these grounds, he implored the Court to enlarge the petitioners on bail.
6. Per contra, learned Public Prosecutor has vehemently opposed these bail applications and submitted that petitioners are facing trial for the offence under the NDPS Act and, therefore, these present bail applications deserve to be rejected straightway.
Learned Public Prosecutor, however, was not in position to refute the fact that in last more than three years and three months, out of total 23 cited prosecution witnesses, only 7 witnesses have been examined till date.
7. Heard learned counsel for the petitioners and the learned Public Prosecutor. Perused the material available on record.
8. Having considered the rival submissions, facts and circumstances of the case and considering the fact that the petitioners have suffered incarceration for more than 3 years and 3 months and out of total 23 cited prosecution witnesses, only 7 witnesses have been examined till date, without expressing any opinion on merits/demerits of the case, this Court is of the opinion that these bail applications filed by the petitioners deserves to be accepted.
9. Accordingly, these second bail applications under Section 439 Cr.P.C. are allowed and it is ordered that the accused-petitioners-
(1) Jatinder Singh S/o Shri Balkar Singh and (2) Manpreet Singh @ Baljindra Singh S/o Baldev Singh shall be enlarged on bail in connection with FIR No.07/2023 registered at Police Station Gajsinghpur, District Sriganganagar, provided each of them furnishes a personal bond in the sum of Rs.1,00,000/- with two sureties of Rs.50,000/- each to the satisfaction of the learned (Uploaded on 12/05/2026 at 03:06:47 PM) (Downloaded on 12/05/2026 at 10:08:09 PM) [2026:RJ-JD:22770] (4 of 4) [CRLMB-4830/2026] trial Judge for their appearance before the court concerned on all the dates of hearing as and when called upon to do so.
10. In case, the petitioners remains absent on any date of hearing or makes an attempt to delay the trial by seeking unnecessary adjournments, it shall be taken as a misuse of concession of bail granted to them by this Court. The prosecution, in such a situation, shall be at liberty to move an application(s) seeking cancellation of bail granted to the petitioners today by this Court.
11. It is however, made clear that findings recorded/observations made above are for limited purposes of adjudication of bail applications. The trial court shall not get prejudiced by the same.
12. A copy of this order be placed in each file.
(KULDEEP MATHUR),J 268-himanshu/-
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