Sunil Sharma S/O Shri Ganga Shankar Sharma Vs State of… — Narcotics (NDPS) | Rajasthan HC (2025)

Sunil Sharma S/O Shri Ganga Shankar Sharma Vs State of… — Narcotics (NDPS) | Rajasthan HC (2025)

What the court decided

AI extract

Outcome

Accused-applicant Sunil Sharma enlarged on bail, subject to a personal bond of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge, and appearance before the court concerned on all dates of hearing.

Issue for consideration

Whether the accused-applicant, arrested in connection with FIR No.1128/2025 (Police Station Muhana, District Jaipur City (South)) for offences under Sections 8/22 of the NDPS Act, should be enlarged on bail under Section 483 of BNSS. +1 more

Court's answer

The bail application under Section 483 of BNSS was allowed and the court ordered that the accused-applicant Sunil Sharma be enlarged on bail.

Ratio / Principle

Taking note that the quantity recovered from the applicant is only 1.25 grams of MDMA, far below the commercial quantity of 10 grams, and that the trial will take a long time, and looking to the overall facts and circumstances and material on record, but without commenting on merits/demerits, the court inclined to allow the bail application.

Key takeaways

Enlargement on bail is conditional on furnishing a personal bond of Rs.50,000/- with two sureties of Rs.25,000/- each, to the satisfaction of the learned trial Judge.ratio¶21
Release is further conditional on the accused's appearance before the court concerned on all dates of hearing, as and when called upon.ratio¶21

Detailed headnote1 paragraphs

Bail granted — Section 483 of BNSS — NDPS Act, Sections 8/22 — Recovery of only 1.25 grams of MDMA, far below the 10-gram commercial quantity prescribed under the NDPS Act — Accused (aged about 53 years, no criminal antecedents of similar nature) in judicial custody ever since 12.11.2025 in connection with FIR No.1128/2025, Police Station Muhana, District Jaipur City (South) — Trial expected to take a long time — Court allowed bail without commenting on merits/demerits, directing enlargement on a personal bond of Rs.50,000/- with two sureties of Rs.25,000/- each, to the satisfaction of the learned trial Judge, with appearance on all dates of hearing. (Rajasthan High Court, Jaipur Bench; single Bench of Hon'ble Mr. Justice Sameer Jain; order dated 04/12/2025.)

[2025:RJ-JP:49416]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

S.B. Criminal Miscellaneous Bail Application No. 15949/2025

Sunil Sharma S/o Shri Ganga Shankar Sharma, Aged About 53 Years, R/o 917, Sofiyo Ka Rasta, Kishanpole Bazar, At Present House No. 467, Nataniyo Ka Rasta, Kishanpole Bazar, Police Thana Kotwali, District Jaipur. (At Present Confined In Central Jail Jaipur).

----Applicant

Versus

State Of Rajasthan, Through PP

----Respondent

For Applicant(s) : Mr. Neeraj Sharma with Mr. Hemant Sharma For Respondent(s) : Mr. Rhishi Raj Singh Rathore, PP

HON'BLE MR. JUSTICE SAMEER JAIN

Order

04/12/2025

The instant bail application has been filed under Section 483 of BNSS on behalf of accused-applicant. The accused-applicant was arrested in connection with FIR No.1128/2025 registered at Police Station Muhana District Jaipur City (South) for the offence(s) under Sections 8/22 of NDPS Act.

Learned counsel for the accused-applicant submitted that the quantity recovered from the applicant is only 1.25 grams of MDMA, which is far below the commercial quantity of 10 grams prescribed under the NDPS Act. It is submitted that the applicant is aged about 53 years and has a family function to be attended on 05.12.2025, of a close relative (nephew). It is further submitted that the applicant has no criminal antecedents of similar

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[2025:RJ-JP:49416]

[CRLMB-15949/2025]

nature registered against him and has been in judicial custody ever since 12.11.2025.

Per contra , learned Public Prosecutor has vehemently opposed the bail application.

Considering the arguments advanced by the learned counsel for the parties, and taking note of the fact that the quantity recovered from the applicant is only 1.25 grams of MDMA, which is far below the commercial quantity of 10 grams; that the trial will take a long time and looking to the overall facts and circumstances of the case and material on record but without commenting on merits/demerits of the case, this court is inclined to allow the bail application of the accused-applicant and enlarge him/her on bail.

Accordingly, the bail application under Section 483 of BNSS is allowed and it is ordered that accused-applicant Sunil Sharma S/o Shri Ganga Shankar Sharma shall be enlarged on bail provided he furnishes a personal bond of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of learned trial Judge for his appearance before the court concerned on all the dates of hearing as and when called upon to do so.

(SAMEER JAIN),J

CHANDAN /142