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[2026:RJ-JP:9799] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 2792/2026 Rishikesh S/o Khyaliram, Aged About 35 Years, R/o Enayetipura, Police Station Sapotara District Karauli (Raj.) (Accused Presently Confined In District Jail Jhalawar). ----Applicant Versus State Of Rajasthan, through PP ----Respondent For Applicant(s) : Mr. Bhim Singh Meena For Respondent(s) : Mr. Jitendra Singh Rathore, PP with Mr. Vinod Sharma and Mr. Sapan Soni HON'BLE MR. JUSTICE SAMEER JAIN
Order 06/03/2026
1. The instant bail application has been filed under Section 483 of BNSS on behalf of accused-applicant. The accused-applicant was arrested in connection with FIR No.136/2025 registered at Police Station Harnavda Shahji, District Baran for the offence(s) under Section 8/21, 8/29 of NDPS Act and the learned Trial Court amidst the offences under Sections 8/21, 8/29 NDPS Act dismissed the bail application before it.
2.
Learned counsel for the accused-applicant submitted that co- accused have enlarged on bail however, the applicant is in custody since 31.07.2025. It is submitted that the recovered contraband is of 12.10 grams of smack, which is much less than the commercial quantity. It is also submitted that charge-sheet is already filed.
3. Per contra, learned Public Prosecutor has vehemently opposed the bail application and submitting that there are strong criminal antecedents.
[2026:RJ-JP:9799] (2 of 2) [CRLMB-2792/2026]
4. Considering the arguments advanced by the counsel for the parties, considering that the applicant is sole bread earner of the family; that the applicant is in custody since 31.07.2025; that the co-accused are enlarged on bail; that the quantity recovered is less than commercial quantity as prescribed in the statute 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 of BNSS is allowed and it is ordered that accused-applicant Rishikesh S/o Khyaliram, 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. Considering the strong criminal antecedents registered against the accused-applicant, this court deems it fit to direct the accused-applicant shall contribute to the Swach Bharat Abhiyan – initiative of the government, for a period of three months, 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.
(SAMEER JAIN),J PARSHANT /69