RESHMA W/O SHREE MOHAMMED ALI ALIAS BABLU v. STATE OF RAJASTHAN
CRLMB/3912/2025 · 2025-03-19
Anil Kumar Upman
body2025
DailyLaw.ai
[ 2025 DAILYLAW 12042 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 12042 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:12435] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous 2nd Bail Application No. 3912/2025 Reshma W/o Shree Mohammed Ali Alias Bablu, Aged About 35 Years, R/o House Number-12, Ganga Vihar Colony, Dravywati Nadi Ke Paas, Police Station Shyamnagar, Jaipur (At Present In Central Jail, Jaipur). ----Accused-Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Asad Ul Haq Noori, Adv. For Respondent(s) : Ms. Arti Sharma, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN
Order 19/03/2025
1. The instant second bail application has been filed under Section 483 of BNSS on behalf of the petitioner, who has been arrested in connection with FIR No.38/2025 registered at Police Station Shyam Nagar, District Jaipur City (South) for the offence punishable under Section 8/21 of NDPS Act.
2. First bail application of the petitioner was dismissed as withdrawn with liberty to renew the prayer of bail after submission of result of investigation. Now, charge-sheet has been filed. Thus, this second bail application has been preferred by the petitioner.
3. It is contended by learned counsel for the petitioner that the accused-petitioner has falsely been implicated in this case.
Learned counsel submits that admittedly, recovered contraband i.e. ‘smack’ is below commercial quantity. It is contended that
[2025:RJ-JP:12435] (2 of 3) [CRLMB-3912/2025] charge-sheet has already been filed and trial will take considerable time in its conclusion. It is submitted that petitioner is in custody since 13.01.2025 and further custody of the petitioner would not serve any fruitful purpose.
4. Learned Public Prosecutor opposes the submissions made by the learned counsel for the petitioner and submits that four other cases have been registered against her out of which three cases are registered under the NDPS Act.
5. I have considered the contentions.
6. Having regard to the totality of the facts and circumstances of the case; considering the arguments advanced by learned counsel for the petitioner, as also the fact that recovered contraband is below commercial quantity; charge-sheet has been filed and trial will take time in its conclusion, but without commenting anything on the merits/demerits of the case, I deem it proper to allow the bail application.
7. This second bail application is accordingly allowed and it is
directed that accused-petitioner– Reshma W/o Shree Mohammed Ali Alias Bablu, shall be released on bail provided she furnishes a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) together with two sureties in the sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) each to the satisfaction of the learned trial Court with the stipulation that she shall appear before that Court and any Court to which the matter is transferred, on all subsequent dates of hearing and as and when called upon to do so.
8. It is made clear that the accused-petitioner shall not involve
[2025:RJ-JP:12435] (3 of 3) [CRLMB-3912/2025] in any other offence(s) during currency of the bail and she shall mark her presence in second week of every month in the concerned police station, till trial is concluded.
9. Concerned SHO is directed to maintain a register recording the attendance of the petitioner, as directed above. In case the petitioner fails to mark her presence in the concerned police station, as directed above, the concerned SHO is directed to immediately report the matter to the concerned Court in this regard.
10. If any breach of these conditions is reported or come to the notice of the Court, the same shall alone be a reason for the trial Court to cancel the bail granted to her by this Court.
(ANIL KUMAR UPMAN),J MADAN/185