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[2025:RJ-JP:44943] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 14539/2025 Ramhari S/o Madrup, Aged About 34 Years, R/o Village Jat Mohalla Kundera, P.s. Kundera, District Sawai Madhopur (Raj.). (Presently Confined At District Jail Sawai Madhopur). ----Accused-Applicant Versus State Of Rajasthan, Through Public Prosecutor ----Non-Applicant Connected With S.B. Criminal Miscellaneous Bail Application No. 14540/2025 Rajendra S/o Hariprasad, Aged About 23 Years, R/o Banjaro Ka Mohalla, Aklera, District- Jhalawar (Accused in present confined District Jail Sawai Madhopur) ----Accused-Applicant Versus State Of Rajasthan through Public Prosecutor ----Non-Applicant For Applicant(s) : Mr. Ishan Mishra with Mr. Rajendra Prasad Jogi Ms. Chhavi Chaturvedi For Non-Applicant(s) : Mr. Rhishi Raj Singh Rathore, PP HON’BLE MR. JUSTICE SAMEER JAIN
Order 10/11/2025
1. The instant bail applications have been filed under Section 483 BNSS on behalf of accused-applicants. The accused-applicants were arrested in connection with FIR No. 188/2025 registered at Police Station Kundera, District Sawai Madhopur for the offence(s) under Sections 8, 21 & 29 of Narcotic Drugs and Psychotropic Substance Act, 1985.
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2.
Learned counsel for the accused-applicants have submitted that applicants are sole bread earners for their family, aged 34 and 23 years. It is submitted that applicants are in custody ever- since 21.09.2025 (Ramhari) & 17.10.2025 (Rajendra) and that quantity of contraband recovered is 21.13 gm of smack, which is one-tenth of the commercial quantity i.e. 250 gm.
3. Per contra, learned Public Prosecutor has vehemently opposed the instant bail application, and has submitted that there are antecedents of akin nature registered against the applicants.
4. Heard and considered.
5. Considering the facts that the applicants are young persons; that the contraband recovered is less than the commercial quantity, however, without commenting upon the merits/demerits of the case, this Court is inclined to enlarge the accused- applicants on bail, howsoever, with the condition i.e. as an extended interpretation of the provisions of 'community service' as enshrined under the Bhartiya Nayay Sanhita, and as a reformative approach to re-include the accused-applicants back in the society with a better vision, aim and zeal in life, this court deems it fit to impose an ancillary condition upon the applicants, therefore, it is
directed that the accused-applicants shall contribute to the Swachh Bharat Abhiyan – initiative of the government, for a period of one month from the date of enlarging on bail, on two hours per day basis, as an honorary work, under the supervision and directions of the SHO qua the FIR (Supra) in consonance with the directions of the Municipal Corporation/Local Administrative authorities concerned.
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6. Accordingly, the bail applications under Section 483 BNSS is allowed and it is ordered that accused-applicants Ramhari S/o Madrup & Rajendra S/o Hariprasad shall be enlarged on bail provided they furnish a personal bond of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of learned trial Judge for their appearance before the court concerned on all the dates of hearing as and when called upon to do so.
7. A copy of present order be placed in the connected application.
(SAMEER JAIN),J DEEPAK/233-234