[2025:RJ-JP:45705] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 6775/2025 Hariom Sharma S/o Shri Raghunandan Sharma, Aged About 33 Years, R/o W. No. 3 Tasing, P.S. Behror, District Kotputli-Behror. (At Present Confined To Sub District Jail Behror). ----Accused-Applicant Versus State Of Rajasthan, Through PP ----Non-Applicant For Applicant(s) : Mr. Vinay Pal Yadav For Non-Applicant(s) : Mr. Rhishi Raj Singh Rathore, PP Ms. Arti Sharma, PP HON'BLE MR. JUSTICE SAMEER JAIN Order 13/11/2025 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. 120/2024 registered at Police Station Neemrana District Kotputali-Behror for the offence(s) under Sections 8/21, 22 of NDPS Act, 1985. 2. Learned counsel for the accused-applicant has submitted that applicant is aged 33 years and sole bread earner of the family. It is submitted that applicant is having no criminal antecedent registered against him. It is submitted that co-accused Ramchandra Sharma has been enlarged on bail and the present applicant is in custody from a period of more than one year i.e. since 04.05.2024. It is submitted that merely on the statements of co-accused, applicant has been arrested rather is falsely implicated in the instant matter. It is submitted that charge-sheet has been filed and trial will take time. [2025:RJ-JP:45705] (2 of 2) [CRLMB-6775/2025] 3. To support the contentions made insofar, learned counsel has placed reliance order dated 20.03.2025 passed in Special Leave to Appeal (Crl.) No(s).1228/2025 titled as Ajay Khatri Versus The State of Rajasthan wherein, considering the fact that co-accused had been enlarged on bail and considering the period of custody, applicant was also enlarged. 4. Per contra, learned Public Prosecutor has submitted that the item in question was prohibited item, they are capsules and the use of which was prohibited. Howsoever, they are not able to refute that the same were recovered by conscious/physical possession of the applicant. 5. Heard and considered. 6. Considering the overall facts and circumstances of the case, and taking note of the fact that the applicant is sole bread earner for his family; that there are no criminal antecedents registered against the applicant; that the applicant is behind bars ever-since 04.05.2024 and in light of the ratio encapsulated in Ajay Khatri (supra), this Court is inclined to enlarge the accused-applicant on bail. 7. Accordingly, the bail application under Section 483 BNSS is allowed and it is ordered that accused-applicant Hariom Sharma S/o Shri Raghunandan Sharma 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/10