[2025:RJ-JP:43542] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 12618/2025 Mohmmad Shafi @ Kala S/o Sh. Ramjan Qureshi, Aged About 38 Years, R/o House No. 151, New Sanjay Nagar Kachi Basti, P.S. Bhatta Basti, Jaipur North, (Raj.). (At Present in Judicial Custody at Central Jail, Jaipur). ----Applicant Versus The State of Rajasthan through PP ----Respondent For Applicant(s) : Mr. Majhar Hussain with Ms. Soniya Saini For Respondent(s) : Ms. Arti Sharma, PP Mr. Rhishi Raj Singh Rathore, PP HON'BLE MR. JUSTICE SAMEER JAIN Judgment 30/10/2025 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. 221/2025 registered at Police Station Bhatta Basti, Jaipur (North), District Jaipur for the offence(s) under Sections 3, 25 of Arms Act and 8 & 21 of NDPS Act, 1985. 2. Learned counsel for the accused-applicant submits that the applicant is the sole breadwinner of his family, is 38 years of age and has been in judicial custody since 15.07.2025. It is further submitted that the quantity of contraband allegedly recovered is only 5 grams, which falls within the category of “small quantity”, as against the commercial quantity stated as 50 grams in the NDPS Act. It is further submitted that the charge-sheet has [2025:RJ-JP:43542] (2 of 3) [CRLMB-12618/2025] already been filed, and the trial is likely to take considerable time to conclude. 3. Per contra, learned Public Prosecutor has vehemently opposed the bail application and submitted that thirty cartridges were recovered from the possession of the applicant and that nine criminal cases are pending against him. It is further submitted that if the applicant is released on bail, he would pose a threat to society. 4. Considering the arguments advanced by the counsel for the parties, considering that the applicant is sole bread winner of the family; that quantity recovered is below the commercial quantity 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 Mohmmad Shafi @ Kala S/o Sh. Ramjan Qureshi 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. 6. However, considering the strong criminal antecedents of the applicant, unlicensed pistol and contraband in addition to general condition, he may be sent to rehabilitation/reformative center as deemed appropriate by the non-applicant-state, after due examination by a government psychiatrist/doctor. [2025:RJ-JP:43542] (3 of 3) [CRLMB-12618/2025] 7. It is also directed to the applicant that he shall mark attendance to the concerned jurisdictional Police Station on 5th date of every month at 11:00 A.M. Furthermore, taking note of the criminal antecedents registered against the accused-applicant, 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-applicant 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 applicant, therefore, it is directed that the accused-applicant shall contribute to the Swach Bharat Abhiyan – initiative of the government, for a period of three months 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. 8. Learned Public Prosecutor shall be at liberty to move appropriate application for cancellation of bail, in case the accused-applicant is found to be involved in any similar offence in future. (SAMEER JAIN),J JKP/64