Allowed¶22

Rohitash @ Rohitashva S/O Nandlal v. State of Rajasthan

Rajasthan HC2 Apr 2025CRLMB/4449/2025

Case brief

AI extract

What is this about?

Rajasthan HC Jaipur grants bail under Section 483 BNSS; CRLMB 4449/2025; FIR No.58/2025 PS Jobner Jaipur Rural; NDPS Act Section 8/20 offence; ganja 8 kg 859 gms below commercial quantity; no criminal antecedents; custody since 08.03.2025; personal bond Rs.50,000/- plus two sureties Rs.25,000/- each; conditions - monthly presence (second week) at concerned police station, SHO attendance register, breach alone ground for trial Court to cancel bail; no comment on merits; Justice Anil Kumar Upman; order dated 02/04/2025; no precedents cited.

What did the court decide?

Bail allowed: accused-petitioner Rohitash @ Rohitashva to be released on bail on furnishing personal bond of Rs.50,000/- with two sureties of Rs.25,000/- each, subject to conditions including monthly police-station presence until trial concludes. ¶22

Rohitash @ Rohitashva S/O Nandlal Vs State of Rajasthan — Narcotics (NDPS) | Rajasthan HC (2025)

What the court decided

AI extract

Outcome

¶22

Issue for consideration

Whether the accused-petitioner, arrested under FIR No.58/2025 (P.S. Jobner, Jaipur Rural) for offence punishable under Section 8/20 of NDPS Act, with alleged recovered contraband ganja (8 kg and 859 gms) contended to be below commercial quantity and with no criminal antecedents, is entitled to bail under Section 483 BNSS.

¶14

Court's answer

In allowing bail, the Court took into account the fact that the alleged recovered contraband ganja is below commercial quantity, the absence of criminal antecedents, that trial will take time in its conclusion, and the period of custody.

¶21

Ratio / Principle

Having regard to the totality of facts and circumstances, the Court deemed it proper to allow the bail application without commenting anything on the merits/demerits of the case.

¶21

Key takeaways

The accused-petitioner is to be released on bail on furnishing a personal bond in the sum of Rs.50,000/- together with two sureties in the sum of Rs.25,000/- each, to the satisfaction of the learned trial Court, with stipulation to appear before that Court and any Court to which the matter is transferred on all subsequent dates of hearing.ratio¶22
Bail conditions: the accused-petitioner shall not involve in any other offence(s) during currency of the bail and shall mark his presence in the second week of every month at the concerned police station till the trial is concluded; the concerned SHO is to maintain an attendance register and report failures; any breach of these conditions alone shall be a reason for the trial Court to cancel the bail.ratio¶23

Detailed headnote1 paragraphs

Rajasthan High Court (Jaipur Bench), S.B. Criminal Miscellaneous Bail Application No. 4449/2025, order dated 02/04/2025 by Hon'ble Mr. Justice Anil Kumar Upman. Bail application under Section 483 of BNSS allowed for Rohitash @ Rohitashva S/o Nandlal, arrested in connection with FIR No.58/2025 registered at Police Station Jobner, District Jaipur Rural, for offence punishable under Section 8/20 of NDPS Act. Grounds weighed by the Court: alleged recovered contraband ganja (8 kg and 859 gms) below commercial quantity, absence of criminal antecedents, trial likely to take considerable time, and period of custody since 08.03.2025 — expressly without commenting on the merits/demerits of the case. Accused-petitioner ordered released on bail on furnishing personal bond of Rs.50,000/- (Rupees Fifty Thousand Only) with two sureties of Rs.25,000/- (Rupees Twenty Five Thousand Only) each to the satisfaction of the learned trial Court. Conditions: no involvement in any other offence(s) during currency of bail; presence to be marked in the second week of every month at the concerned police station till trial concludes; concerned SHO to maintain an attendance register and report lapses; any breach of conditions alone shall be a reason for the trial Court to cancel the bail.

¶1

[2025:RJ-JP:14819]

¶2

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

¶3

S.B. Criminal Miscellaneous Bail Application No. 4449/2025

¶4

Rohitash @ Rohitashva S/o Nandlal, Aged About 25 Years, R/o Shyam Ji Ke Mandir Ke Pass, Gurjaron Ki Dhani, Asalpur, Police Station Jobner, District Jaipur (At Present Accused Petitioner Confined In Sub Jail Sambhar Lake, Jaipur).

¶5

----Accused-Petitioner

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Versus

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State Of Rajasthan, Through PP

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----Respondent

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For Petitioner(s) : Ms. Surbhi Khandelwal, Adv., for Mr. D.D. Khandelwal, Adv. For Respondent(s) : Mr. Vivek Choudhary, PP

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HON'BLE MR. JUSTICE ANIL KUMAR UPMAN

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Order

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02/04/2025

¶13

The instant bail application has been filed under Section 483 of BNSS on behalf of the petitioner, who has been arrested in connection with FIR No.58/2025 registered at Police Station Jobner, District Jaipur Rural for the offence punishable under Section 8/20 of NDPS Act.

¶14

It is contended by learned counsel for the petitioner that the accused-petitioner has falsely been implicated in this case. Learned counsel submits that alleged recovered contraband ganja (8 kg and 859 gms) is below commercial quantity. She further submits that there are no criminal antecedents against the petitioner and trial of the case will take considerable time in its conclusion. She argues that the petitioner is in custody since

(2 of 3)

[2025:RJ-JP:14819]

[CRLMB-4449/2025]

08.03.2025 and further custody of the petitioner would not serve any fruitful purpose.

¶19

Learned Public Prosecutor opposes the submissions made by the learned counsel.

¶20

I have considered the contentions.

¶21

Having regard to the totality of the facts and circumstances of the case; considering the arguments advanced by learned counsel for the petitioner, especially the fact that alleged recovered contraband ganja is below commercial quantity; absence of criminal antecedents and trial will take time in its conclusion as well as looking to the period of custody, but without commenting anything on the merits/demerits of the case, I deem it proper to allow the bail application.

¶22

This bail application is accordingly allowed and it is directed that accused-petitioner- Rohitash @ Rohitashva S/o Nandlal shall be released on bail provided he furnishes a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand 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.

¶23

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 second week of every month in the concerned police station, till trial is concluded.

[2025:RJ-JP:14819]

[CRLMB-4449/2025]

(3 of 3)

Concerned SHO is directed to maintain a register recording the attendance of the petitioner, as directed above. In case the petitioner fails to mark his presence in the concerned police station, as directed above, the concerned SHO is directed to immediately report the matter to the concerned Court in this regard.

¶28

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.

¶29

(ANIL KUMAR UPMAN),J

¶30

MADAN/281

Rohitash @ Rohitashva S/O Nandlal v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Rohitash @ Rohitashva S/O Nandlal v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

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