[2025:RJ-JP:21956] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 2724/2025 Kishan Singh Dhakad S/o Shri Vijendra Singh Dhakad, Aged About 22 Years, R/o Village Bagaur, Police Station Nadoti, District Karauli. At Present Tenant At Plot No. 75, Dinesh Sharma Ka Makan, Ram- nagar 17-A, Khora Bisal, Jaipur, Police Station Kardhani, Jaipur (West), Rajasthan. (At Present Confined In Central Jail, Jaipur). ----Accused-Applicant Versus State of Rajasthan, Through PP ----Respondent For Applicant(s) : Mr. Rajveer Singh Gurjar, Adv. For Respondent(s) : Ms. Arti Sharma, Dy.GA Mr. Vivek Sharma, Add.GA HON'BLE MR. JUSTICE ASHUTOSH KUMAR Order 26/05/2025 1. The present bail application has been filed by the accused- applicant under Section 483 of the B.N.S.S, 2023 against the order dated 31.01.2025 passed by learned Special Judge, NDPS Cases, Jaipur Metropolitan-First in connection with FIR No.76/2025, registered at Police Station Kardhani, District Jaipur (West) for the offence punishable under Section 8/21 of The Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the 'NDPS Act'), by which the bail application of the accused-applicant under Section 483 of BNSS, 2023 has been dismissed. 2. Learned counsel for the accused-applicant submits that in this case the allegation against the accused-applicant is that 50 gm 'Smack' has been recovered from the possession of the accused- applicant, which is much less than the commercial quantity. Learned counsel argues that the accused-applicant was arrested on [2025:RJ-JP:21956] (2 of 3) [CRLMB-2724/2025] 19.01.2025 and since then, he is behind the bars. Learned counsel also argues that seven other cases of NDPS Act have also been registered against the accused-applicant, however, in five cases i.e., FIR No. 188/2023 registered at Police Station Harmada, District Jaipur (West), FIR No. 1121/2022 registered at Police Station Kardhani, District Jaipur (West), FIR No.75/2023 registered at Police Station Harmada, District Jaipur (West), FIR No.437/2024 registered at Police Station Jhotwara, District Jaipur (West) and FIR No.559/2023 registered at Police Station Kardhani, District Jaipur (West), no recovery was made from the possession of the accused- applicant. Learned counsel contends that in other matters also similarly situated co-accused, against whom other cases have also been registered, have been enlarged on bail by Co-Ordinate Bench of this Court. Learned counsel prays that the charge-sheet has been filed and trial will take time to conclude, therefore, the accused- applicant be enlarged on bail. 3. Learned counsel for the accused-applicant has drawn the attention of this Court towards the judgment passed by Hon'ble Supreme Court in the case of Shambhulal Gurjar @ Rohit Versus State of Rajasthan; 2025 SCC Online SC 76 and the orders passed by Co-Ordinate Bench of this Court in the cases of Kasim Khan @ Pav V/s. The State of Rajasthan (S.B. Criminal Misc. IInd Bail Application No.215/2024), dated 11.01.2024, Suresh Bairwa Vs. State of Rajasthan (S.B. Criminal Misc. IInd Bail Application No.7584/2024), dated 05.09.2024 and Chandra Singh @ Mithun Vs. State of Rajasthan (S.B. Criminal Misc. IInd Bail Application No.7227/2024), dated 30.07.2024. [2025:RJ-JP:21956] (3 of 3) [CRLMB-2724/2025] 4. On the other hand, learned Public Prosecutor opposes the bail application on the ground that seven other criminal cases of similar nature have also been registered against the accused-applicant, therefore, the bail application of the accused-applicant should be rejected. 5. Heard learned counsel for the parties and also perused the material available on record. 6. Having regard to the overall facts and circumstances of the case; considering the facts that in this case about 50 gm of 'Smack' has been recovered from the possession of the accused- applicant, which is much less than the commercial quantity; that the charge- sheet has been filed and trial will take long time to conclude, but without expressing any opinion on the merits/demerits of the case, this Court deems it proper to allow the bail application filed by the accused-applicant. 7. Consequently, this bail application filed under Section 483 of the B.N.S.S, 2023 is allowed. It is ordered that accused-applicant Kishan Singh Dhakad S/o Shri Vijendra Singh Dhakad, arrested in FIR No. 76/2025, registered at Police Station Kardhani, District Jaipur (West) shall be released on bail; provided he furnishes personal bond in the sum of Rs.1,00,000/- and two solvent attested sureties of Rs.50,000/- each to the satisfaction of the learned trial Court. 8. Accused-Applicant shall be required to appear before that Court on all dates of hearing and as and when called upon to do so. (ASHUTOSH KUMAR),J Mohita /60