[2026:RJ-JP:805]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 151/2026 Manoj Sharma S/o Sh. Hari Prasad Sharma, R/o Near Balaji Mandir, Azad Nagar, Kishangarh, Madanganj, Kishangarh, Ajmer, Presently Tenant In Flat No. B-3, Room No. 15, Fourth Floor, Dwarkapuri Apartment, Pratap Nagar, Police Station Pratap Nagar, Jaipur, Rajasthan. (At Present Lodged In Central Jail, Jaipur)

----Petitioner Versus The State Of Rajasthan, Through P.P.

----Respondent For Petitioner(s) : Mr. Vivek Goyal For Respondent(s) : Mr. Amit Kumar Gupta, P.P.

HON'BLE MR. JUSTICE GANESH RAM MEENA

Order

09/01/2026

1. This bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner. The petitioner has been arrested in connection with FIR No. 580/2025 registered at Police Station Ramnagaria, District Jaipur City (East) for offence under Section

8, 21 N.D.P.S. Act, 1985.

2. Learned counsel for the petitioners submits that the accused- petitioners have falsely been implicated in this case. Learned counsel further submits that as per the F.I.R., the allegation levelled against the present accused-petitioners is that 7 grams 97 miligrams smack has been recovered from their possession, which is less than commercial quantity. He further submits that the accused-petitioners are in custody since 12.12.2025 and trial of the case is likely to take considerable time to conclude, therefore, the accused-petitioners may be released on bail.

3. Learned Public Prosecutor has vehemently opposed the bail application and submits that there is a recovery of 7 grams 97 miligrams smack from the possession of the accused-petitioners, therefore, they do not deserve indulgence of bail by this Court.

4. Considered the submissions made at bar and also perused the material made available on record.

5. The allegation against the petitioners relates to commission of offence under the provisions of Section 8 & 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 and the alleged recovery from them is of 7 grams 97 miligrams smack, which is stipulated to be less than commercial quantity. The restriction for grant of bail under the provisions of Section 37 of the N.D.P.S. Act does not apply in the present case.

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. Having regard to the above, this Court without expressing any opinion on the merits and demerits of the case, deems just and proper to enlarge the accused-petitioners on bail.

8. Accordingly, the present bail application is allowed and it is directed that the accused-petitioners shall be released on bail provided that each of them furnishes a personal bond in the sum of Rs.1,00,000/- (Rupees One Lax Only) together with two sureties in the sum of Rs.50,000/-(Rupees Fifty Thousand Only) each to the satisfaction of the learned Trial Court with the stipulation that they shall appear before that Court or any Court to which the matter is transferred, on all subsequent dates of hearing and as and when called upon to do so.

(GANESH RAM MEENA),J SHRUTI SHARMA /211