Bhagchand S/O Omprakash Vs the State of Rajasthan — Narcotics (NDPS) | Rajasthan HC (2025)

Bhagchand S/O Omprakash Vs the State of Rajasthan — Narcotics (NDPS) | Rajasthan HC (2025)

What the court decided

AI extract

Outcome

Release on bail of accused-petitioner Bhagchand S/o Omprakash upon furnishing a personal bond of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the Trial Court, subject to conditions: appearance before the Trial Court/transferee court on all hearing dates; non-involvement in any other offences during the currency of bail; monthly presence in the first week of every month at the concerned police station with an SHO-maintained attendance register; failure of presence to be reported by the SHO to the Court; breach of conditions to be alone a reason for the trial court to cancel the bail.

Issue for consideration

Whether accused-petitioner Bhagchand S/o Omprakash, arrested in connection with FIR No.199/2025 registered at Police Station Bhinai, District Ajmer, for offence punishable under Section 8/21 of NDPS Act and in custody since 22.08.2025, should be released on bail.

Court's answer

Having regard to the totality of facts and circumstances — the arguments advanced by the petitioner's counsel, the fact that alleged recovered contraband is below commercial quantity, absence of criminal antecedents, expectation that trial will take considerable time, and the period of custody — but expressly without commenting on the merits/demerits of the case, the judge deemed it fit and proper to allow this bail application.

Ratio / Principle

The bail application is allowed: accused-petitioner Bhagchand S/o Omprakash shall be released on bail provided he furnishes a personal bond in the sum of Rs.50,000/- together with two sureties in the sum of Rs.25,000/- each to the satisfaction of the learned Trial Court.

Key takeaways

Release is stipulated on the petitioner appearing before the Trial Court and any court to which the matter is transferred, on all subsequent dates of hearing and as and when called upon to do so.ratio¶21
Conditions of bail: the accused-petitioner shall not involve in any other offence(s) during the currency of the bail and shall mark his presence in the first week of every month at the concerned police station.ratio¶22

Detailed headnote1 paragraphs

Rajasthan High Court (Jaipur Bench), single-judge order of Justice Anil Kumar Upman dated 09/09/2025 (S.B. Criminal Miscellaneous Bail Application No. 11536/2025), filed under Section 483 of BNSS, allowed bail for Bhagchand S/o Omprakash, arrested in connection with FIR No.199/2025 of Police Station Bhinai, District Ajmer, for offence punishable under Section 8/21 of NDPS Act, and in custody since 22.08.2025. Grounds relied upon: alleged recovered contraband is below commercial quantity; no criminal antecedents of the petitioner; trial will take considerable time; period of custody already undergone — the decision being expressly made without commenting on the merits/demerits. Release directed on furnishing a personal bond of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the Trial Court, with stipulation to appear on all hearing dates before the Trial Court or any transferee court. Conditions imposed: no involvement in other offences during the currency of bail; presence to be marked in the first week of every month at the concerned police station; concerned SHO to maintain an attendance register and to immediately report any failure to the concerned Court; any reported breach of conditions stated to be alone a reason for the trial court to cancel the bail; Office directed to send a copy of the order to the SHO. Observations expressly confined to the bail decision, with no impact on the trial. No precedent was cited or engaged with.

[2025:RJ-JP:36198]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

S.B. Criminal Miscellaneous Bail Application No. 11536/2025

Bhagchand S/o Omprakash, Aged About 35 Years, R/o Near Ram Leela Maidan Sawantsar, Police Station Gandhi Nagar, District Ajmer ( Raj.) ( At Present Confined In Central Jail Ajmer)

----Petitioner

Versus

The State Of Rajasthan, Through PP

----Respondent

For Petitioner(s)	: Mr. Mr.	Sanjay Gangwar with Jitendra Kumar
For Respondent(s)	: Mr.	N.S. Dhakar, PP with
	Mr.	Gaurav Gupta,Asstt. G.A.

HON'BLE MR. JUSTICE ANIL KUMAR UPMAN

Order

09/09/2025

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.199/2025 registered at Police Station Bhinai, District Ajmer (Rajasthan) for the offence punishable under Section 8/21 of NDPS Act.

Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. Counsel submits that alleged recovered contraband is below commercial quantity. Counsel further submits that there are no criminal antecedents of the petitioner. It is submitted that trial will take considerable time in its conclusion. Petitioner is in custody since 22.08.2025 and further custody of the petitioner would not serve any fruitful purpose.

(2 of 3)

[2025:RJ-JP:36198]

[CRLMB-11536/2025]

Learned Public Prosecutor opposes the submissions made by counsel for the petitioner.

I have considered the contentions.

Having regard to the totality of the facts and circumstances of the case; considering the arguments advanced by learned counsel for the petitioner, as also the fact that alleged recovered contraband is below commercial quantity; there are no criminal antecedents of the petitioner and trial will take considerable 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 fit and proper to allow this bail application.

The bail application is accordingly allowed and it is directed that accused-petitioner- Bhagchand S/o Omprakash shall be released on bail provided he furnishes a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) together with two sureties in the sum of Rs.25,000/- (Rupees Twenty Five 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 subsequent dates of hearing and as and when called upon to do so.

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.

Concerned SHO is directed to maintain a register recording the attendance of the petitioner. In case the petitioner fails to

(3 of 3)

[2025:RJ-JP:36198]

[CRLMB-11536/2025]

mark his presence in the concerned police station, the concerned SHO is directed to immediately report the matter to the concerned Court in this regard.

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.

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

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

(ANIL KUMAR UPMAN),J

LALIT MOHAN /153