The Court granted bail to the accused under Section 483 BNSS in an NDPS case. The recovery was below commercial quantity, and the accused had no criminal antecedents, making bail just and proper despite the PP's opposition.
Bail granted on execution of personal bond of Rs. 50,000 with two sureties of Rs. 25,000 each.
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[2025:RJ-JP:5558]
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Miscellaneous Bail Application No. 300/2025
Shankar Gora S/o Shri Mohan Lal Gora, Aged About 21 Years, R/o Dulha Singh Ki Dhani, Teja Ji Fatak Underpass Renwal Road Chomu Police Station Chomu District Jaipur (Raj.) (At Present Accused Petitioner Confined In District Jail Jaipur).
----Petitioner
| Versus | |
|---|---|
| State Of Rajasthan, | Through Pp ----Respondent |
| For Petitioner(s) | : Mr. K K Bhinda |
| For Respondent(s) | : Mr. Manvendra Singh, PP |
HON'BLE MR. JUSTICE PRAVEER BHATNAGAR
Order
07/02/2025
The instant bail application has been filed under Section 483 BNSS on behalf of accused-petitioner. The petitioner has been arrested in connection with FIR No. 720/2024 registered at Police Station Chomu, District Jaipur (West) for the offence(s) under Section 8/21 of the NDPS Act.
Learned counsel for the petitioner submits that the accusedpetitioner has falsely been implicated in this case. Counsel further submits that narcotic contraband recovered from the petitioner and other co-accused is 0.85 gram of heroin (smack), which is below commercial quantity. Accused-petitioner is in custody since 21.12.2024 and the trial of the case will take considerable time. There are no criminal antecedents against the petitioner. Therefore, the benefit of bail may be granted to the accusedpetitioner.
[2025:RJ-JP:5558]
[CRLMB-300/2025]
(2 of 2)
Per contra, learned Public Prosecutor opposes the grant of bail application.
Heard and perused the material available on the record.
Considering the fact that alleged quantity recovered from the petitioner and other co-accused is below commercial quantity and there are no criminal antecedents against the petitioner moreover trial of the case will take considerable time, therefore without commenting anything on the merits of the case, I deem it just and proper to enlarge the accused-petitioner on bail.
Accordingly, the bail application under Section 483 BNSS is allowed and it is ordered that the accused-petitioner Shankar Gora S/o Shri Mohan Lal Gora in connection with FIR No. 720/2024 registered at Police Station Chomu, District Jaipur (West) shall be enlarged on bail provided she furnishes a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge for her appearance before the court concerned on all the dates of hearing as and when called upon to do so.
(PRAVEER BHATNAGAR),J
ashu /199
1 issue framed by the court
Whether the accused is entitled to bail given the quantity of contraband is below commercial quantity and he has no criminal antecedents?
2 provisions across 2 enactments
Shankar Gora
State Of Rajasthan
PRAVEER BHATNAGAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
