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2025 DAILYLAW 49191 (RAJ)

PANKAJ @ PRASHANT KUMAR S/O SHRI LAL BAHADUR v. STATE OF RAJASTHAN

CRLMB/13040/2025 · 2025-10-31

Sameer Jain

body2025

Judgment text

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[2025:RJ-JP:43691] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 13040/2025 Pankaj @ Prashant Kumar S/o Shri Lal Bahadur, Aged About 30 Years, R/o Toksi Police Station Udai Mod, District Sawai Madhopur (Raj.) (Presently Confined In District Jail Sawai Madhopur). ---Accused-Petitioner Versus State Of Rajasthan, Through PP ----Non-petitioner For Petitioner(s) : Mr. Pawan Kumar Verma For Respondent(s) : Mr. Rhishi Raj Singh Rathore, PP with Ms. Arti Sharma, PP HON'BLE MR. JUSTICE SAMEER JAIN Order 31/10/2025 1. 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.159/2025 registered at Police Station Udai Mod District Sawai Madhopur for the offence(s) under Section 8/21 of NDPS Act. 2. Learned counsel for the accused-applicant submits that the applicant is the sole bread earner of the family and there are no criminal antecedents against the applicant. It is further submitted that the recovered quantity of the contraband is much lesser than the commercial quantity. It is further submitted that the applicant is behind the bars since 09.09.2025 and the trial will likely to take a long time. It is further submitted that the applicant is ready to abide by the conditions that may be imposed by the Court while [2025:RJ-JP:43691] (2 of 2) [CRLMB-13040/2025] deciding the present bail application. It is further submitted that the matter at hand falls under the ambit of State Excise Act wherein allegations of abatement are made in the present case. 3. Per contra, learned Public Prosecutor has vehemently opposed the bail application. 4. Having heard the arguments advanced by the counsel for the parties, considering the fact that the applicant is sole bread earner of the family; that the applicant has no criminal antecedents; that the recovered quantity of the contraband is less than the commercial quantity; that looking to the custody period 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 subject to condition that accused-applicant shall contribute to the Swachh Bharat Abhiyan – initiative of the government, for a period of two months from the date of enlarging on bail, for two hours, as an honorary work, under the supervision and directions of the SHO concerned. 6. Accordingly, the bail application under Section 483 of BNSS is allowed and it is ordered that accused-applicant- Pankaj @ Prashant Kumar S/o Shri Lal Bahadur 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 Sudha/137