Bail applications under Section 483 BNSS in an NDPS FIR for opium and doda post recovery less than commercial quantity; court granted bail citing prolonged judicial custody, without expressing opinion on merits.
Bail granted on personal bond Rs.1,00,000 with two sureties of Rs.50,000 each.
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[2025:RJ-JP:40672]
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Miscellaneous Bail Application No. 11769/2025
Bharatram S/o Palaram, Aged About 26 Years, R/o Khedi Salva, Police Station Dangiyawas, Tehsil Pipad City, District Jodhpur, Rajasthan. (At Present Confined In District Jail Sikar, District Sikar).
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
Connected With
S.B. Criminal Miscellaneous Bail Application No. 12257/2025 Ramesh Kumar S/o Sheetalram Jangid, Aged About 34 Years, R/o Mohamamd Sotar, Police Station Buna, Tehsil Ratiya, District Fatehabad (Haryana). (At Present Confined In District Jail Sikar, District Sikar)
----Petitioner
Versus
State Of Rajasthan, Through Public Prosecutor.
----Respondent
| For Petitioner(s) | : Mr. Subhash Sharma,Adv. |
|---|---|
| For Respondent(s) | : Mr. Shri Ram Dhakad,PP |
HON’BLE MR. JUSTICE CHANDRA PRAKASH SHRIMALI
Order
07/10/2025
[2025:RJ-JP:40672]
[CRLMB-11769/2025]
(2 of 2)
these cases. Learned counsel further submits that the alleged quantity of opium containing 630 gm. & doda post chura containing 6.610 kg. recovered from the possession of the accused-petitioners which is less than commercial quantity. He also submits that there is no independent witness of alleged recovery. He further submits that the accused-petitioners have been in judicial custody since long and the conclusion of the trial will take long time, hence the petitioners may be enlarged on bail. 3. Learned Public Prosecutor appearing for the State has vehemently opposed the bail application. 4. Taking into consideration the overall facts and circumstances of these cases and the fact that recovery of the alleged contraband in present cases is less than commercial quantity. Perused the material available on record the accused-petitioners have been in judicial custody since long but without expressing any opinion on the merits and demerits of these cases, this Court deems it just and proper to enlarge the petitioners on bail. 5. Therefore, these bail applications are allowed and accusedpetitioners namely 1.Bharatram S/o Palaram 2. Ramesh Kumar S/o Sheetalram Jangid are ordered to be released on bail provided they furnish a personal bond in the sum of Rs.1,00,000/- with two sureties of Rs.50,000/- each to the satisfaction of the trial Court, with the stipulation that the petitioners shall appear before that Court on all subsequent dates of hearing and as and when called upon to do so.
(CHANDRA PRAKASH SHRIMALI),J
GAURAV SHARMA /98-99
1 issue framed by the court
Should the petitioners be granted bail in an NDPS case where the recovered quantity (opium 630 gm, doda post 6.610 kg) is less than commercial quantity and they have been in judicial custody long?
2 provisions across 2 enactments
Bharatram S/o Palaram
Ramesh Kumar S/o Sheetalram Jangid
State of Rajasthan, through PP
Chandra Prakash Shrimali
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
