Swarnjeet Singh S/O Shri Harbhajan Vs State of Rajasthan — Narcotics (NDPS) | Rajasthan HC (2025)

Swarnjeet Singh S/O Shri Harbhajan Vs State of Rajasthan — Narcotics (NDPS) | Rajasthan HC (2025)

What the court decided

AI extract

Outcome

Release on bail of accused-petitioner Swarnjeet Singh on furnishing a personal bond of Rs.50,000/- with two sureties of Rs.25,000/- each, subject to stipulated conditions (attendance on hearing dates, no fresh offences during bail, monthly police-station presence, provision of active mobile number, SHO attendance entry in Roznamcha); breach of conditions alone to be a reason for the trial court to cancel the bail.

Issue for consideration

Whether the accused-petitioner, arrested for an offence under Section 8/15 of the NDPS Act with alleged recovered contraband stated to be below commercial quantity, should be released on bail in his second bail application despite criminal antecedents.

Court's answer

Considering the totality of facts — alleged recovered contraband below commercial quantity, petitioner's acquittal in four cases, chargesheet having been filed, trial expected to take considerable time, and the custody period — and without commenting on the merits/demerits of the case, the Court found it proper to allow the second bail application.

Ratio / Principle

The accused-petitioner Swarnjeet Singh S/o Shri Harbhajan is directed to be released on bail on furnishing a personal bond of Rs.50,000/- together with two sureties of Rs.25,000/- each to the satisfaction of the trial Court, subject to conditions including appearance on all hearing dates, abstention from other offences during the currency of bail, marking presence in the first week of every month at the concerned police station, and sharing his in-use mobile number with the trial Court and Investigating Agency without switching off his phone for longer periods.

Detailed headnote1 paragraphs

NDPS bail — second bail application under Section 483 BNSS in FIR No.185/2025, P.S. Pilani, District Jhunjhunu, for offence under Section 8/15 NDPS Act; alleged recovered contraband contended to be below commercial quantity; petitioner stated to have eight other registrations (six under NDPS Act) but acquitted in four cases; chargesheet filed and trial expected to take considerable time; custody since 06.07.2025. Granting bail without commenting on merits, the Court released the petitioner on a personal bond of Rs.50,000/- with two sureties of Rs.25,000/- each, imposing conditions of monthly police-station presence, provision of an active mobile number, and SHO attendance entry, breach of conditions alone to justify cancellation by the trial court.

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

S.B. Criminal Miscellaneous II Bail Application No. 13978/2025

Swarnjeet Singh S/o Shri Harbhajan, Aged About 46 Years, R/o Sherpur Kalan, Police Station Sadar Jagrawan, District Ludhiyana, Punjab. (At Present In District Jail, Jhunjhunu).

----Accused-Petitioner

Versus

State Of Rajasthan, Through PP

----Respondent

For Petitioner(s) : Mr. Shailendra Singh Balwada, Adv. For Respondent(s) : Mr. N.S. Dhakar, PP with Mr. Gaurav Gupta, Asstt.G.A.

HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order

17/10/2025

This second bail application has been filed under Section 483 of BNSS on behalf of the petitioner, who has been arrested in connection with FIR No.185/2025 registered at Police Station Pilani, District Jhunjhunu for offence punishable under Section 8/15 of NDPS Act. After completion of investigation, police filed chargesheet in this matter.

The first bail application filed on behalf of the petitioner was dismissed as withdrawn vide order dated 18.09.2025. Now, this second bail application has been preferred by the petitioner.

It is contended by learned counsel for the petitioner that petitioner has falsely been implicated in this case. It is submitted that alleged recovered contraband is below commercial quantity. Counsel submits that petitioner is ready to abide by all the conditions which may be imposed by this Hon’ble Court. It is

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contended that trial will take considerable time in its conclusion. Counsel submits that petitioner is in custody since 06.07.2025 and further custody of the petitioner would not serve any fruitful purpose.

Learned Public Prosecutor opposes the submissions made by learned counsel for the petitioner and submits that petitioner is a habitual offender as eight other cases have been registered against him out of which, six cases have been registered under the NDPS Act.

At this stage, learned counsel for the petitioner submits that so far as criminal antecedents of the petitioner are concerned, he has been acquitted in four cases which shows that he has falsely been implicated in these cases.

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, especially considering the fact that alleged recovered contraband is below commercial quantity, as also the fact that petitioner has been acquitted in four cases, so also the fact that charge-sheet has been filed and trial will take considerable time in its conclusion as well as looking to the custody period, but without commenting anything on the merits/demerits of the case, I deem it proper to allow the second bail application.

This second bail application is accordingly allowed and it is directed that accused-petitioner – Swarnjeet Singh S/o Shri Harbhajan shall be released on bail provided, he furnishes a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand

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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. It is further directed that petitioner shall share his mobile number (in use) to the trial Court and Investigating Agency and he shall not switch off his phone for longer period.

Concerned SHO shall enter the attendance of the petitioner in the Roznamcha. In case the petitioner fails to 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 bail application and would not have any impact on the trial of the case in any manner.

(ANIL KUMAR UPMAN),J

MADAN/63