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2025 DAILYLAW 49499 (RAJ)

UMA SHANKAR @ SHANKAR S/O SHRI KAILASH CHAND SHARMA v. THE STATE OF RAJASTHAN

CRLMB/14004/2025 · 2025-11-24

Sameer Jain

body2025

Judgment text

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[2025:RJ-JP:47353] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 14004/2025 Uma Shankar @ Shankar S/o Shri Kailash Chand Sharma, Aged About 42 Years, R/o Ramnagar Colony, Police Station N.e.b., District Alwar Presently R/o Chhavand Padi Ps Kotwali District Alwar Rajasthan. (Accused Petitioner Is In Judicial Custody In Central Jail Alwar). ----Applicant Versus The State Of Rajasthan, Through PP ----Respondent For Applicant(s) : Mr. Manish Gupta with Mr. Vishvendra Sharma For Respondent(s) : Ms. Arti Sharma, PP with Mr. Rhishi Raj Singh Rathore, PP HON'BLE MR. JUSTICE SAMEER JAIN Order 24/11/2025 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.235/2025 registered at Police Station Shivaji Park, District Alwar for the offence(s) under Section 8/21 of NDPS Act. 2. Learned counsel for the applicant has submitted that applicant is sole bread earner of the family, aged about 42 years and has been in custody ever since 23.09.2025. It is further submitted that narcotic substance smack to the tune of approximately 9 grams has been recovered from the applicant, which is lower than the prescribed commercial quantity. It is further submitted that out of total six antecedents, only one is [2025:RJ-JP:47353] (2 of 2) [CRLMB-14004/2025] registered under provisions of the NDPS Act, involving mere 1 gram of contraband, and the applicant has already been acquitted in three cases. 3. Per contra, learned Public Prosecutor has opposed the instant bail application. 4. Having heard the arguments advanced by learned counsel for the parties and considering the fact that applicant is sole bread earner of the family, aged about 42 years; that the applicant is in custody ever since 23.09.2025; that 9 grams of smack has been recovered from the applicant, which is lower than the specified commercial quantity; that the trial will take a long time to conclude 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 instant 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 Uma Shankar @ Shankar S/o Shri Kailash Chand 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 CHANDAN /103