[2026:RJ-JP:3407]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 1389/2026 Sonu Nayak S/o Sh. Rameshchand, R/o Gram Jugalpura Near Nims Hospital, Police Station Chandwaji, District Jaipur. At Present Confined In Central Jail Jaipur ----Petitioner Versus The State of Rajasthan, through PP ----Respondent For Petitioner(s) : Brother of accused present in person For Respondent(s) : Mr. Sudesh Saini, Public Prosecutor HON'BLE MR. JUSTICE GANESH RAM MEENA

Order

24/01/2026

1. The instant bail application has been filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 on behalf of accused-petitioner in connection with FIR No.23/2026 registered at Police Station Shahpura, District Jaipur Rural for offence under Section 8/21 of the N.D.P.S. Act.

2. It is submitted that recovery of the alleged contraband which has been recovered is of 5.82 gram smack, which is less than the commercial quantity. It is further submitted that the accused- petitioner is behind the bars since 13.01.2026 and therefore, he may be released on bail.

3. Learned Public Prosecutor vehemently opposed the bail application and submits that there is a recovery of 5.82 gram smack, therefore, he does not deserve indulgence of bail by this Court.

4. Perused the material made available on record.

5. The recovery of contraband from the possession of the accused-petitioner is less than stipulated commercial quantity.

6. The Hon’ble Apex Court in the case of Puranmal Jat Vs. State of Rajasthan in Criminal Appeal No.3394/2023 arising out of SLP (Crl.) No.10670/2023 decided on 02.11.2023 has enlarged the accused therein on bail and observed as under:-

“The allegations against the appellant relate to commission of offence under the provisions of Sections 8 and 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter called “the Act”). Alleged recovery from him is about 35 kgs. and 150 grams Doda Posh (Poppy straw). The commercial quantity for poppy straw is 50 kgs. The appellant is in custody for over seven months. Charge-sheet has been submitted in the case. The recovered contraband item having weight less than the stipulated commercial quantity, the restriction on grant of bail under Section 37 of the Act does not apply in his case. We do not think his continued detention pending trial is necessary in the given circumstances.”

7. In view of the discussions made above, this Court without expressing any opinion on the merits or demerits of the case, deems just and proper to enlarge the accused-petitioner on bail.

8. Accordingly, the bail application under Section 483 B.N.S.S. is allowed and it is ordered that the accused-petitioner named above shall be enlarged on bail provided he furnishes a personal bond in the sum of Rs.1,00,000/- with two sureties of Rs.50,000/- each to the satisfaction of the learned trial Judge for his appearance before the Court concerned on all the dates of hearing and as and when called upon to do so.

(GANESH RAM MEENA),J Shruti Sharma /227