Extracted from the PDF above. The PDF is authoritative.
[2026:RJ-JP:12161] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 2388/2026 Moti Das S/o Sharvan Das, Aged About 61 Years, R/o Tundeda, Police Station Pachewar, District Tonk Rajasthan. (At Present Petitioner Confined In District Jail Tonk District Tonk). ----Petitioner Versus State Of Rajasthan, Through Public Prosecutor ----Respondent For Petitioner(s) : Mr. Anurag Shukla For Respondent(s) : Mr. Vivek Sharma, PP HON'BLE MR. JUSTICE SAMEER JAIN
Order 23/03/2026
1. The instant bail application has been filed under Section 483 BNSS on behalf of the accused-applicant. The accused-applicant was arrested in connection with FIR No. 7/26 registered at Police Station Pachewar, District Tonk for the offence(s) under Sections 8/15 of the NDPS Act.
2.
Learned counsel for the accused-applicant submits that the applicant is a senior citizen, aged about 61 years and that the applicant is sole bread earner of the family. It is further submitted that charge-sheet has already been filed in the matter. It is next submitted that the quantity of recovered contraband, i.e., poppy husk is 2.544 kilograms which is much less than the prescribed commercial quantity, i.e., 50 kilograms, therefore, the concession of bail should be granted to the applicant.
[2026:RJ-JP:12161] (2 of 2) [CRLMB-2388/2026]
3. Per contra, learned Public Prosecutor has vehemently opposed the present bail application and submits that there exist as many as five criminal antecedents against the applicant, therefore, the concession of bail should not be granted.
4. Having heard the contentions made by the learned counsel for the parties, upon a perusal of the material available on record and taking note of the fact that the applicant is a senior citizen, aged about 61 years; that the applicant is sole bread earner of the family; that the charge-sheet has already been filed in the instant matter; that the recovered contraband, i.e., poppy husk is 2.544 kilograms which is much less than the prescribed commercial quantity, i.e., 50 kilograms, and looking to the overall facts and circumstances but without commenting upon the merits/demerits of the case, this Court is inclined to enlarge the accused-applicant on bail.
5. Accordingly, the bail application under Section 483 BNSS is allowed and it is ordered that accused-applicant Moti Das Son of Sharvan Das 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 RAHUL KUMAR /88