Rajasthan High Court: In the bail application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (‘BNSS’) filed by the accused in connection with a First Information Report (‘FIR’) registered under Sections 8 and 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (‘NDPS Act’), the Single Judge Bench of Sameer Jain, J., interpreted ‘community service’ under the Bhartiya Nyaya Sanhita, 2023 (‘BNS’) as a reformative measure and allowed the bail application, imposing an ancillary condition directing the accused to contribute to the Swachh Bharat Abhiyan initiative for two hours daily over two months.
The Court noted several factors while granting bail to the accused, namely that the accused was approximately 40 years old, was the sole breadwinner for his family, that the charge-sheet had already been filed, and that the recovered quantity of 605 grams was less than the prescribed quantity.
Taking note of the criminal antecedents registered against the accused, the Court interpreted the provisions of “community service” as enshrined under the Bhartiya Nyaya Sanhita, as a reformative approach to re-include the accused back in the society with a better vision, aim and zeal in life, and hence, imposed an ancillary condition upon the applicant thereby directing him to contribute to the Swachh Bharat Abhiyan, initiative of the government, for two months from the date of the bail order for two hours per day as an honorary work. The Court directed that the work must be performed under the supervision and directions of the Station House Officer (SHO) of the concerned FIR, in consonance with the directions of the Municipal Corporation/Local Administrative authorities.
The Court further directed the accused to furnish a personal bond of Rs. 50,000 and two sureties of Rs. 25,000 each to the satisfaction of the learned trial Judge, ensuring his appearance before the court on all hearing dates.
[Shivsingh Meena v. State of Rajasthan, 2025 SCC OnLine Raj 3045, decided on 13-06-2025]
Advocates who appeared in this case:
For the Petitioner: Dharmendra for Kapil Gupta
For the Respondent: M.S. Shekhawat, P.P., Shree Ram Dhakar, P.P.