Shakir Hussain S/O Mohammed Usman Vs State of Rajasthan — Narcotics (NDPS) | Rajasthan HC (2026)

Shakir Hussain S/O Mohammed Usman Vs State of Rajasthan — Narcotics (NDPS) | Rajasthan HC (2026)

What the court decided

AI extract

Outcome

Accused-applicant Shakir Hussain S/o Mohammed Usman enlarged on bail on furnishing a personal bond of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge, with a further direction to contribute to the Swach Bharat Abhiyan for three months (two hours per day) as honorary work under SHO supervision, in view of his criminal antecedents.

Issue for consideration

Whether the accused-applicant, arrested under Sections 8/21 of the NDPS Act with recovery of 12.95 grams of smack (stated to be less than commercial quantity), the charge-sheet having been filed, and with criminal antecedents alleged by the prosecution, should be enlarged on bail under Section 483 of BNSS.

Court's answer

The bail application under Section 483 of BNSS is allowed; accused-applicant Shakir Hussain S/o Mohammed Usman is to be enlarged on bail on furnishing a personal bond of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge, for appearance before the court on all dates of hearing.

Ratio / Principle

Bail granted on consideration that the charge-sheet has been filed, the applicant is the sole bread earner of the family, and the contraband recovered is less than the commercial quantity, without commenting on the merits or demerits of the case.

Key takeaways

In view of the strong criminal antecedents registered against the accused-applicant, the court directed him to contribute to the Swach Bharat Abhiyan for a period of three months, on two hours per day basis, as honorary work, under the supervision and directions of the SHO concerned, in consonance with the Municipal Corporation/local administrative authorities.ratio¶22

Detailed headnote1 paragraphs

Bail under Section 483 BNSS granted to accused-applicant Shakir Hussain S/o Mohammed Usman, arrested in FIR No.1128/2025, Police Station Kardhani, District Jaipur (West), for offences under Sections 8/21 of NDPS Act. Recovered smack was 12.95 grams, less than commercial quantity; charge-sheet filed; applicant stated to be sole bread earner; prosecution alleged eight criminal antecedents, four pertaining to NDPS. Bail allowed on personal bond of Rs.50,000/- with two sureties of Rs.25,000/- each; in view of the criminal antecedents, accused additionally directed to contribute to the Swach Bharat Abhiyan for three months at two hours per day as honorary work under SHO supervision. No merits commented upon.

[2026:RJ-JP:9655]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

S.B. Criminal Miscellaneous Bail Application No. 850/2026

Shakir Hussain S/o Mohammed Usman, Aged About 42 Years, R/o Nakas Gate Police Station Kotwali District Nagaur (Presently Confined In Central Jail Jaipur).

----Applicant

Versus

State Of Rajasthan, Through PP

----Respondent

For Applicant(s) : Mr. Nikhil Saini For Respondent(s) : Mr. Vivek Sharma, PP with Mr. Vinod Sharma, Mr. Sapan Soni

HON'BLE MR. JUSTICE SAMEER JAIN

Order

06/03/2026

The instant bail application has been filed under Section 483 of BNSS on behalf of accused-applicant. The accused-applicant was arrested in connection with FIR No.1128/2025, registered at Police Station Kardhani, District Jaipur (west) for the offence(s) under Sections 8/21 of NDPS Act.

Learned counsel for the accused-applicant submitted that the applicant is aged approximately 40 years and the sole bread earner of the family. It is submitted that the recovered quantity of smack is 12.95 grams which is less than the commercial quantity. It is submitted that the charge-sheet has been filed and trial will take time.

Per contra , learned Public Prosecutor has vehemently opposed the bail application. It is submitted that there eight

[2026:RJ-JP:9655]

[CRLMB-850/2026]

(2 of 2)

criminal antecedents against the applicant, out of which, four pertaining to NDPS.

Considering the arguments advanced by the counsel for the parties, that the charge-sheet has been filed; that the applicant is sole bread earner of the family; that the contraband recovered is less than the commercial quantity and looking to the overall facts and circumstances of the case and material on record but without commenting on merits/demerits of the case, this court is inclined to allow the bail application of the accused-applicant and enlarge him/her on bail.

Accordingly, the bail application under Section 483 of BNSS is allowed and it is ordered that accused-applicant Shakir Hussain S/o Mohammed Usman shall be enlarged on bail provided he furnishes a personal bond of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of learned trial Judge for his appearance before the court concerned on all the dates of hearing as and when called upon to do so.

Considering the strong criminal antecedents registered against the accused-applicant, this court deems it fit to direct the accusedapplicant shall contribute to the Swach Bharat Abhiyan – initiative of the government, for a period of three months, on two hours per day basis, as an honorary work, under the supervision and directions of the SHO qua the FIR (Supra) in consonance with the directions of the Municipal Corporation/Local Administrative authorities concerned.

(SAMEER JAIN),J

CHANDAN /39