[2025:RJ-JP:41151] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous 4th Bail Application No. 6204/2025 Jairam S/o Banna Lal, Aged About 55 Years, R/o Chandelao, Police Station Bilara District Jodhpur (Raj.) (Presently Accused Petitioner Confined In Sub Jail Beawar, Ajmer). ----Accused-Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Deepak Chauhan with Mr. Ashok Choudhary For Respondent(s) : Mr. Rhishi Raj Singh Rathore, PP with Mr. Gaurav Gupta, AGA Mr. Rajendra Singh Shekhawat, PP HON'BLE MR. JUSTICE SAMEER JAIN Judgment 09/10/2025 1. The instant bail application has been filed under Section 483 BNSS on behalf of accused-applicant. The accused-applicant was arrested in connection with FIR No. 234/2014 registered at Police Station Beawar City District Ajmer for the offence(s) under Sections 8 and 15 of Narcotic Drugs and Psychotropic Substances Act, 1985. 2. Learned counsel for the accused-applicant has submitted that applicant is suffering from pulmonary tuberculosis from a long period and is having involuntary movements of both upper limb and upper back, moreso, is also having history of hematemesis; in support of the said contention a medical certificate dated 08.10.2025 is placed on record. It is further [2025:RJ-JP:41151] (2 of 3) [CRLMB-6204/2025] submitted that the applicant has been incarcerated from a period of approximately three and a half years. 3. To strengthen the contentions made insofar, learned counsel has placed reliance upon the ratio encapsulated in Mahmood Kurdeya Versus Narcotics Control Bureau: Criminal Appeal No.1570/2021, Amit Singh Moni Versus State of Himachal Pradesh: Criminal Appeal No.668 of 2020 and Ankur Chaudhary Versus State of Madhya Pradesh: Special Leave to Appeal (Crl.) No.4648/2024 wherein consistently Apex Court in special circumstances, considering the incarcerating period in-between 2-5 years has granted bail in the NDPS matters, irrespective of quantity involved. 4. Learned counsel for the applicant has also submitted that the applicant is sole bread earner for his family and has to support them, nevertheless, he will be socially boycotted if he does not take care of his family, at appropriate time. It is also submitted that criminal antecedents as reflected and the allegations qua absconding, may overcome, by a condition that he will behave well and not be indulged in any type of criminal or unlawful act. 5. Per contra, learned Public Prosecutor has vehemently opposed the instant bail application, however is unable to oppose the medical condition of the accused-applicant. 6. Having heard the contentions put-forth by learned counsel for the parties, upon a perusal of the material available on record, the judgments cited at the Bar and taking note of the fact that the period of custody is above three years; that the applicant is suffering from serious health issues i.e. pulmonary tuberculosis, [2025:RJ-JP:41151] (3 of 3) [CRLMB-6204/2025] qua which requisite medical certificate is also placed on record; that the applicant is the sole bread earner for his family, however, without commenting upon the merits/demerits of the case, this Court is inclined to allow the present bail application. It is clarified that the said order passed in the peculiar facts and circumstances of the case. 7. Accordingly, the bail application under Section 483 BNSS is allowed and it is ordered that accused-applicant Jairam S/o Banna Lal 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. (SAMEER JAIN),J DEEPAK/s-277