Shyam Lal S/O Sh. Harinarayan Nayak Vs the State of Rajasthan

[2025:RJ-JP:40356]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

S.B. Criminal Miscellaneous Bail Application No. 5061/2025

Shyam Lal S/o Sh. Harinarayan Nayak, Aged About 33 Years, R/o Jugalpura, Police Station Chandwaji, District Jaipur Rural. (At Present Confined In Central Jail Jaipur).

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----Accused-Applicant

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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. 12442/2025 Deepanshu Yadav @ Deepu S/o Shri Satish Kumar, Aged About 21 Years, R/o Sohali, Police Station Pacheri, District Jhunjhunu (Raj.) (At Present Accused Confined In Central Jail, Jaipur).

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----Applicant

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Versus

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State Of Rajasthan, Through Public Prosecutor

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----Respondent

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For Applicant(s) : Mr. Vikash Kumar Jakhar Mr. Rahul Agrawal For State : Mr. Rishi Raj Singh Rathore, PP with Ms. Arti Sharma, PP

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HON’BLE MR. JUSTICE SAMEER JAIN

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Order

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06/10/2025

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These bail applications have been filed under Section 483 of BNSS on behalf of accused-applicants. The accused-applicants were arrested in connection with FIR No.91/2025 registered at Police Station Chandwaji District Jaipur (Rural) for the offence(s) under Sections 8/21 of NDPS Act.

[2025:RJ-JP:40356]

[CRLMB-5061/2025]

(2 of 3)

Learned counsel for the accused-applicants submit that the applicants are aged approximately 33 and 21 years. It is submitted that they are the sole bread earner of their families and their families are facing significant hardship due to their detention. It is further submitted that the charge-sheet has been filed and the applicants are in custody ever-since 17.03.2025. It is also submitted that the trial is likely to take considerable time. Additionally, it is submitted that the commercial quantity in the present case is 250 grams, whereas the recovered quantity is 260 grams, which includes the weight of the packaging material. It is further submitted that the accused-applicants have no criminal antecedents under similar NDPS matters.

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Per contra , learned Public Prosecutor has vehemently opposed the bail application. However, it is not refuted that zilch criminal antecedents are registered against the applicants herein, under the provisions of NDPS Act.

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Having considered the submissions of the counsel for the parties; the age of the accused-applicants; their humble background and their responsibility to support their families and noting that the accused-applicants have no criminal antecedents; that the quantity of contraband involved barely meets the threshold for commercial quantity; that the charge-sheet has been filed; that trial will take time and in view of the overall facts and circumstances of the case and the material available on record and without commenting on merits of the case, this court is inclined to allow the bail application of the accused-applicants and enlarge them on bail in the special facts and circumstances.

(3 of 3)

[2025:RJ-JP:40356]

[CRLMB-5061/2025]

Accordingly, these bail applications under Section 483 of BNSS are allowed and it is ordered that accused-applicants Shyam Lal S/o Sh. Harinarayan Nayak and Deepanshu Yadav @ Deepu S/o Shri Satish Kumar shall be enlarged on bail provided they furnish a personal bond of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of learned trial Judge for their appearance before the court concerned on all the dates of hearing as and when called upon to do so.

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(SAMEER JAIN),J

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CHANDAN /32-33

Shyam Lal S/O Sh. Harinarayan Nayak v. the State of Rajasthan

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Shyam Lal S/O Sh. Harinarayan Nayak v. the State of Rajasthan

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