Roopal S/O Shri Mahaveer Vs State of Rajasthan — Narcotics (NDPS) | Rajasthan HC (2025)

Roopal S/O Shri Mahaveer Vs State of Rajasthan — Narcotics (NDPS) | Rajasthan HC (2025)

What the court decided

AI extract

Outcome

Accused-petitioner Roopal enlarged on bail on furnishing a personal bond of Rs.1,00,000/- with two sureties of Rs.50,000/- each; prosecution permitted to seek cancellation of bail if he is found involved in offences of a similar nature.

Issue for consideration

Whether the accused-petitioner, arrested for offences under Section 8/20 of the NDPS Act with alleged recovered ganja of 1 Kg 460 gm stated to be less than commercial quantity, should be enlarged on bail.

Court's answer

The Court granted bail taking into consideration the overall facts and circumstances of the case, especially that the alleged recovered contraband is less than commercial quantity.

Ratio / Principle

The Court enlarged the petitioner on bail expressly without expressing any opinion on the merits and demerits of the case.

Key takeaways

Release was ordered on furnishing a personal bond of Rs.1,00,000/- with two sureties of Rs.50,000/- each, to the satisfaction of the learned Trial Court.ratio¶21
Considering the criminal antecedents of the accused-petitioner, the prosecution was given liberty to file an application for cancellation of the bail if he is found involved in offences of a similar nature.ratio¶22

Detailed headnote1 paragraphs

Bail granted — NDPS Act, S.8/20 — contraband below commercial quantity. Accused-petitioner Roopal, arrested in FIR No.214/2025 registered at P.S. Kotwali Baran, District Baran, sought bail under S.483 BNSS 2023. Counsel submitted that the alleged recovered ganja of 1 Kg 460 gm is less than commercial quantity and that the trial would take long. Considering the overall facts, especially that the alleged recovered contraband is less than commercial quantity, and expressly without expressing any opinion on the merits and demerits of the case, the High Court (Jaipur Bench, Hon'ble Justice Chandra Prakash Shrimali, order dated 13/10/2025) allowed the bail application and enlarged the petitioner on bail on a personal bond of Rs.1,00,000/- with two sureties of Rs.50,000/- each. Given the accused's criminal antecedents, the prosecution may seek cancellation of the bail if he is found involved in offences of a similar nature.

[2025:RJ-JP:41624]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

S.B. Criminal Miscellaneous Bail Application No. 9588/2025

Roopal S/o Shri Mahaveer, Aged About 35 Years, R/o Shivaji Colony, Baran, P.S. Kotwali Baran, District Baran, Rajasthan. (At Present Confined In Central Jail, Baran Raj.))

----Petitioner

Versus

State of Rajasthan, through PP

----Respondent

For Petitioner(s) : Mr. Abhishek B. Sharma with Mr. Akshit Raj Saini For Respondent(s) : Ms. Manju Dave, PP

HON'BLE MR. JUSTICE CHANDRA PRAKASH SHRIMALI

Order

13/10/2025

This bail application has been filed by the accused-petitioner under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, who has been arrested in connection with FIR No.214/2025 registered at Police Station Kotwali Baran, District Baran for the offences under Section 8/20 of NDPS Act.

Learned counsel for the petitioner submits that the accusedpetitioner is innocent and he has been falsely implicated in this case. He further submits that the alleged recovered contraband (Ganja) i.e. 1 Kg 460 gm from the possession of the accusedpetitioner is less than commercial quantity. He also submits the accused-petitioner has been in judicial custody since long and the conclusion of the trial will take long time, hence the petitioner may be enlarged on bail.

[2025:RJ-JP:41624]

[CRLMB-9588/2025]

(2 of 2)

Learned Public Prosecutor appearing for the State has vehemently opposed the bail application.

Heard learned counsel for the petitioner as well as learned Public Prosecutor and perused the material available on record.

Taking into consideration the overall facts and circumstances of the case, especially considering the fact that the alleged recovered contraband is less than commercial quantity, but without expressing any opinion on the merits and demerits of the case, this Court deems it just and proper to enlarge the petitioner on bail.

Accordingly, this bail application is allowed and it is ordered that the accused-petitioner Roopal S/o Shri Mahaveer be released on bail provided he furnishes a personal bond in the sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties of Rs.50,000/- (Rupees Fifty Thousand only) each to the satisfaction of the learned Trial Court for his appearance before the Court concerned on all subsequent dates of hearing and as and when called upon to do so.

Considering the criminal antecedents of the accusedpetitioner, it is made clear that if he is found to be involved in offences of similar nature, the prosecution shall be at liberty to file an application for cancellation of the bail granted to the accusedpetitioner by this Court.

(CHANDRA PRAKASH SHRIMALI),J

GARIMA /41