Allowed

Bhagwansahay S/O Shri Shambhudayal v. the State of Rajasthan

Rajasthan HC14 Oct 2025CRLMB/13140/2025

Case brief

AI extract

What is this about?

Two bail applications under BNSS Section 483 for ganja plant recovery from field boundary, quantity below commercial threshold. Court noted no criminal antecedents and expected trial delay, and enlarged both petitioners on bail without expressing opinion on merits.

What did the court decide?

Petitioners enlarged on bail; personal bond Rs.1,00,000 each plus two sureties of Rs.1,00,000 each, with conditions against tampering, leaving country, and requiring trial attendance.

Bhagwansahay S/O Shri Shambhudayal Vs the State of… — Narcotics (NDPS) | Rajasthan HC (2025)

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[2025:RJ-JP:41889]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous Bail Application No. 13140/2025

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Bhagwansahay S/o Shri Shambhudayal, Aged About 40 Years, R/o Village Kalikhad, Police Station Paparda, District Dausa (Raj.) (At Present In District Jail, Dausa)

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----Petitioner

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Versus

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The State Of Rajasthan, Through Pp

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----Respondent

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Connected With

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S.B. Criminal Miscellaneous Bail Application No. 13214/2025 Nandlal S/o Shri Gyarsilal, Aged About 60 Years, R/o Village Kalikhad, Police Station Paparda, District Dausa (Raj.) (At Present Confined In District Jail, Dausa).

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----Petitioner

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Versus

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The State Of Rajasthan, Through Pp

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----Respondent

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For Petitioner(s) : Mr. Anshuman Saxena, Adv. For Respondent(s) : Mr. Jaiprakash Tiwari, PP

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HON'BLE MR. JUSTICE ANAND SHARMA

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Order

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14/10/2025

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These criminal misc. bail applications have been filed by the petitioners under Section 483 of BNSS, 2023 in respect of FIR No.109/2025 registered at Police Station Paparda, District Dausa for the offences punishable under Section 8/20 of NDPS Act.

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It is submitted that recovery of 8.880 Kg of Ganja has been shown to be made from the petitioners, whereas the correct facts are that there are no allegations that the plants of Ganja

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were sown by the petitioners in his agricultural field and such plants were found as growing at the temporary boundary wall ( med ) of the agricultural field, which on account of lack of knowledge was considered to be obnoxious breed by the petitioners. It was submitted that even otherwise, weight of entire fresh plant was measured by the Police Authority, whereas the actual weight of Ganja was much less than the quantity shown. It is further submitted that even otherwise, commercial quantity of Ganja is 20 Kg and the quantity recovered from the petitioners is much less than commercial quantity. It is submitted that no other case under NDPS Act was either lodged against the petitioners nor is pending. The petitioners are behind the bars since 16.09.2025 and no further recovery is made from them. Trial against the petitioners is likely to take considerably long time. Hence, the petitioners prayed for granting bail in the instant matters.

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Learned Public Prosecutor has vehemently opposed these bail applications.

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Considered the submissions made at Bar.

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In the light of the fact that admittedly, as per FIR, the plants were not grown in the main agricultural field and were found at the boundary wall and the quantity recovered is also less than the commercial quantity as per under NDPS Act. No further recovery is sought to be made from the petitioners and there are no criminal antecedents with regard to NDPS against the petitioners. Considering the fact that the trial against the petitioners is likely to take considerably long time, this Court without expressing any opinion on the merits and demerits of the

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case, deems it just and proper to enlarge the petitioners on bail.

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Accordingly, these Bail Applications are hereby allowed. The accused-petitioners Bhagwansahay S/o Shri

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Shambhudayal and Nandlal S/o Shri Gyarsilal shall be released on bail in pursuance of FIR No.109/2025 registered at Police Station Paparda, District Dausa on each of them furnishing a personal bond of Rs. 1,00,000/- along with two sureties of Rs.1,00,000/- each. That apart, the accused-petitioners shall also follow the conditions as under:-

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(i) They shall not tamper with any evidence, nor would influence the witnesses in the case.

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(ii) They shall not leave the country without prior permission of the Court.

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(iii) They shall co-operate in the trial and shall attend each and every date of hearing in the trial, until and unless his presence is exempted by the trial Court.

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(ANAND SHARMA),J

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Jatin /185-186

Bhagwansahay S/O Shri Shambhudayal v. the State of Rajasthan

Case brief

What is this about?

What did the court decide?

Bhagwansahay S/O Shri Shambhudayal v. the State of Rajasthan

Case brief

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What did the court decide?

What the court decided

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