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2025 DAILYLAW 48184 (RAJ)

GAINDILAL NAYAK S/O SH. HAJARI LAL NAYAK v. THE STATE OF RAJASTHAN

CRLMB/13343/2025 · 2025-11-28

Sameer Jain

body2025

Judgment text

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[2025:RJ-JP:48377] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 13343/2025 Gaindilal Nayak S/o Sh. Hajari Lal Nayak, Aged About 26 Years, R/o Nayak Basti, Jugalpura, Police Station Chandwaji, District Jaipur. (At Present Confined In Central Jail, Jaipur) ----Applicant Versus The State Of Rajasthan, Through Pp ----Respondent For Applicant(s) : Mr. Devendra Choudhary for Mr. Vikash Kumar Jakhar For Respondent(s) : Ms. Arti Sharma, PP Mr. Rhishi Raj Singh HON'BLE MR. JUSTICE SAMEER JAIN Order 28/11/2025 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. 0328/2025 registered at Police Station Chandwaji District Jaipur Rural for the offence(s) under Sections 8 & 21 of NDPS Act, 1985. 2. Learned counsel for the accused-applicant submitted that the applicant is the sole breadwinner of his family. It is submitted that the contraband recovered is 5.4 grams, which is below the commercial quantity as per the Schedule of the NDPS Act. It is also submitted that the challan has already been filed in the matter and there is only one criminal antecedent registered against the applicant. [2025:RJ-JP:48377] (2 of 2) [CRLMB-13343/2025] 3. Per contra, learned Public Prosecutor has vehemently opposed the bail application. 4. Considering the arguments advanced by the counsel for the parties, considering that the applicant is the sole breadwinner of his family; that the contraband recovered is 5.4 grams, which is below the commercial quantity; that the challan has already been filed in the matter 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 on bail. 5. Accordingly, the bail application under Section 483 BNSS is allowed and it is ordered that accused-applicant Gaindilal Nayak S/o Sh. Hajari Lal Nayak 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 JKP/56