Allowed¶22

Gopichand S/O Sh. Birbal Ram v. C.B.N.

Rajasthan HC7 Aug 2025CRLMB/8845/2025

Case brief

AI extract

What is this about?

Rajasthan High Court, Jaipur Bench; S.B. Criminal Miscellaneous Bail Application No. 8845/2025 (CRLMB-8845/2025); decided 07/08/2025 by Justice Anil Kumar Upman; bail under Section 483 BNSS; offence under Section 8/15B NDPS Act; FIR No.8/2025, P.S. C.B.N. Bhawanimandi; contraband below commercial quantity; no criminal antecedents; petitioner Gopichand; personal bond Rs.50,000; two sureties Rs.25,000 each; monthly reporting condition at CBN Bhawanimandi.

What did the court decide?

Accused-petitioner Gopichand to be released on bail on furnishing a personal bond of Rs.50,000 with two sureties of Rs.25,000 each, subject to conditions including monthly presence at the Central Bureau of Narcotics, Bhawanimandi. ¶22

Gopichand S/O Sh. Birbal Ram Vs C.B.N. — Narcotics (NDPS) | Rajasthan HC (2025)

What the court decided

AI extract

Outcome

¶22

Issue for consideration

Whether the petitioner, arrested in connection with FIR No.8/2025 of Police Station C.B.N. Bhawanimandi for an offence under Section 8/15B of the NDPS Act, should be released on bail, given that the alleged recovered contraband is below commercial quantity and he has no criminal antecedents.

¶21

Court's answer

Bail application allowed: having regard to the totality of facts and circumstances, the alleged recovered contraband being below commercial quantity, absence of criminal antecedents and period of custody, and without commenting on the merits/demerits of the case, the Court deemed it fit and proper to allow bail.

¶21

Ratio / Principle

Petitioner 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 learned Trial Court, with stipulation to appear before that Court and any transferee court on all subsequent dates of hearing.

¶22

Key takeaways

Bail conditions imposed: petitioner shall not involve in any other offence during currency of bail and shall mark his presence in the first week of every month at the Central Bureau of Narcotics, Bhawanimandi; breach of conditions shall alone be a reason for the trial court to cancel the bail.ratio¶23

Detailed headnote1 paragraphs

Bail granted under Section 483 BNSS to accused arrested in FIR No.8/2025, P.S. C.B.N. Bhawanimandi, for offence under Section 8/15B NDPS Act: alleged recovered contraband below commercial quantity; no criminal antecedents; custody since 01.07.2025; release ordered on personal bond of Rs.50,000 with two sureties of Rs.25,000 each, conditioned on monthly presence at the Central Bureau of Narcotics, Bhawanimandi; observations confined to the bail application and expressly without impact on the trial.

¶1

[2025:RJ-JP:30451]

¶2

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

¶3

S.B. Criminal Miscellaneous Bail Application No. 8845/2025

¶4

Gopichand S/o Sh. Birbal Ram, Aged About 47 Years, R/o Rotu, Tehsil Jayal, Distt. Nagour, Raj. (Petitioner Is In Central Jail, Jaipur).

¶5

----Petitioner

¶6

Versus

¶7

C.B.N., Through Special PP

¶8

----Respondent

¶9

For Petitioner(s)	: Mr. Lakshya K. Sharma with
	Ms. Shazadi Bano for
	Mr. Ali Mohammed Khan
For Respondent(s)	: Mr. TejPrakash Sharma,Special PP

¶10

HON'BLE MR. JUSTICE ANIL KUMAR UPMAN

¶11

Order

¶12

07/08/2025

¶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.8/2025 registered at Police Station C.B.N. Bhawanimandi (Rajasthan) for the offence punishable under Section 8/15B of NDPS Act.

¶14

Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. Counsel submits that alleged recovered contraband is below commercial quantity. Counsel further submits that there are no criminal antecedents of the petitioner. Petitioner is in custody since 01.07.2025 and trial will take considerable time in its conclusion. Further custody of the petitioner would not serve any fruitful purpose.

¶15

Learned Special Public Prosecutor opposes the submissions

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[CRLMB-8845/2025]

made by counsel for the petitioner. He submits that there is no mandate of law that person who has been found in possession of the contraband below the commercial quantity should be granted bail necessarily.

¶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, as also the fact that alleged recovered contraband is below commercial quantity; there are no criminal antecedents of the petitioner; period of custody, but without commenting anything on the merits/demerits of the case, I deem it fit and proper to allow this bail application.

¶22

The bail application is accordingly allowed and it is directed that accused-petitioner- Gopichand S/o Sh. Birbal Ram 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 first week of every month in the Central Bureau of Narcotics, Bhawanimandi.

¶24

Concerned Officer of the Bureau is directed to maintain a

[2025:RJ-JP:30451]

[CRLMB-8845/2025]

(3 of 3)

register recording the attendance of the petitioner. In case the petitioner fails to mark his presence in the concerned police station, concerned Officer of the Bureau is directed to immediately report the matter to the concerned Court in this regard.

¶29

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.

¶30

Office is directed to send a copy of this order to the concerned officer of the Bureau for necessary compliance.

¶31

11 . The observations made hereinabove are only for decision of the instant bail application and would not have any impact on the trial of the case in any manner.

¶32

(ANIL KUMAR UPMAN),J

¶33

LALIT MOHAN /216

Gopichand S/O Sh. Birbal Ram v. C.B.N.

Case brief

What is this about?

What did the court decide?

Gopichand S/O Sh. Birbal Ram v. C.B.N.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

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