[2026:RJ-JP:11277] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 780/2025 Pradeep S/o Surendra, Aged About 29 Years, R/o Khubha, Police Station Hansi, District Hisar (Haryana) (At Present Confined In Central Jail Kota, District Kota). ---Accused-Petitioner/Applicant Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Pankaj Sharma with Mr. Manoj Seth For Respondent(s) : Mr. J.P. Tiwari, PP HON'BLE MR. JUSTICE SAMEER JAIN Order 17/03/2026 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. 113/2024 registered at Police Station Mandana District Kota Rural for the offence(s) under Sections 8, 20 of NDPS Act, 1985 and the learned Trial Court amidst the offences under Sections 8/20, 8/25 and 8/29 of NDPS Act, 1985 dismissed the bail application before it. 2. Learned counsel for the accused-applicant has submitted that the applicant is aged 29 years, and sole bread earner of the family. It is submitted that the applicant is behind bars ever-since 25.06.2024 and that charge-sheet has been filed. It is submitted that recovered quantity is 160 Kgs against the commercial quantity of 20 Kgs of ganja. It is submitted that there are no criminal antecedents against the applicant, and there are [2026:RJ-JP:11277] (2 of 3) [CRLMB-780/2025] procedural violations vis-a-vis Section 52A and Section 50 of the NDPS Act. Learned counsel for the applicant has relied upon the ratios encapsulated in Kamlesh Vs. State of Rajasthan reported in 2025 Supreme (SC) 1388, Ankur Choudhary Vs. State of Madhya Pradesh reported in Special Leave to Appeal (Crl.) No.4648/2024 and Arsad @ Arsad Alam Vs. The State of West Bengal reported in Special Leave to Appeal (Crl.) No.1148/2025. Learned counsel has also relied upon judgment dated 06.03.2026, passed by this Court in Kamlesh Versus The State of Rajasthan in S.B. Criminal Miscellaneous Bail Application No.5686/2025. Upon placing reliance upon the aforementioned it is submitted that in view thereof, and considering the custody period i.e. approximately 2 years, the applicant should be enlarged on bail. 3. Per contra, learned Public Prosecutor has opposed the instant bail application and submitted that provisions of Section 37 of NDPS Act are attracted wherein prima facie case, gravity of offence/recovery and its effect is ought to be considered. Moreover, in the matter at hand the recovered quantity is much over the specified commercial quantity. 4. Heard and considered. 5. Considering the overall facts and taking note of the fact that there are no criminal antecedents registered against the applicant; that the period of custody is approximately two years; that the applicant is sole bread earner of the family; that investigation and trial will take its own time; that it is submitted that prima facie there are some procedural violation; that in view of the ratios passed in Arsad @ Arsad Alam (supra), Ankur Choudhary [2026:RJ-JP:11277] (3 of 3) [CRLMB-780/2025] (supra) 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. 6. 6. Accordingly, the bail application under Section 483 BNSS is allowed and it is ordered that accused-applicant Pradeep S/o Surendra 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 DEEPAK /1