[2025:RJ-JD:50371]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 12923/2025 Ramprasad S/o Kamalchand, Aged About 19 Years, R/o Amlikheda, Police Station And District Pratapgarh, Rajasthan.

(Lodged In Dist. Jail, Pratapgarh)

----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Shiv Kumar Bhati For Respondent(s) : Mr. Hathi Singh Jodha, PP HON'BLE MR. JUSTICE MUKESH RAJPUROHIT

Order

21/11/2025 This application for bail under Section 483 of BNSS (439 Cr.P.C.) has been filed by the petitioner who has been arrested in the present matter. The requisite details of the matter are tabulated herein below:

S. No.	Particulars of the case
1.	FIR Number	576/2024
2.	Police Station	Pratapgarh
3.	District	Pratapgarh
4.	Offences alleged in the FIR Sections 8 and 21 of NDPS	Act
5.	Offences added, if any	Sections 25 and 29 of NDPS Act

Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case. It is further submitted that as per the NDPS Act, the commercial quantity of narcotic contraband viz. Heroin/Chitta (Brown Sugar) is 250 gm, however, the allegedly recovered narcotic contraband viz. Heroin/

Chitta (Brown Sugar) is marginally above commercial quantity i.e. 252.46 gm (weight with polythene bags). It is further submitted that the allegedly recovered contraband has been weighed with the polythene bags which contained the said contraband, which led to the weight of the narcotic contraband being marginally above the commercial quantity. Additionally, the petitioner has no previous criminal antecedents and the challan of the case has already been filed and the petitioner has been in custody since 04.12.2024 and the trial of the case will take significant time, therefore, the benefit of bail may be granted to the accused-

petitioner.

Per contra, the learned Public Prosecutor has opposed the present bail application, contending that the quantity of contraband recovered is above the commercial quantity, however, he does not refute that the narcotic contraband was weighed along with the polythene bags which contained the said contraband. He further submits that looking to the fact that this is a serious offence against the society, the petitioner may not be enlarged on bail.

Having heard and considered the rival submissions, facts and circumstances of the case as well as perused the material available on record; considering the fact that the narcotic contraband recovered in this case is marginally above the commercial quantity; the narcotic contraband has been weighed along with the polythene bags which contained the said contraband; the petitioner has no previous criminal antecedents; the challan of the case has already been filed; the petitioner has been in custody since 04.12.2024; without expressing any opinion on merits/demerits of the case, this Court is inclined to enlarge the petitioner on bail.

Consequently, the bail application under Section 483 of BNSS (439 Cr.P.C.) is allowed. It is ordered that the accused-petitioner as named in the cause title, arrested in connection with the above mentioned FIR, shall be released on bail, if not wanted in any other case, provided he furnishes a personal bond of Rs.1,00,000/- and two sureties of Rs.50,000/- each, to the satisfaction of learned trial court, for his appearance before that court on each & every date of hearing and whenever called upon to do so till completion of the trial.

(MUKESH RAJPUROHIT),J

82-mSingh/-

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