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2025 DAILYLAW 17934 (RAJ)

RANI KOUR W/O CHAMKOR SINGH v. C.B.N.

CRLMB/5976/2025 · 2025-07-29

Ashutosh Kumar

body2025

Judgment text

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[2025:RJ-JP:28513] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 5976/2025 1. Rani Kour W/o Chamkor Singh, Aged About 30 Years, R/o Village Shekhpur Khudal P.S. Bareta Mansha Punjab At Present Village Kanipur P.S. Balada Mansha Punjab. (Petitioner In Central Jail, Jaipur). 2. Rani Kour W/o Nikka Singh, Aged About 44 Years, R/o Village Dabwali, Sirsa, Hariyana, At Present Village Kanipur, P.S. Balada, Mansha, Punjab. (Petitioner In Central Jail, Jaipur). ----Accused-Applicants Versus C.B.N., Through Special PP ----Respondent For Applicant(s) : Mr. Ali Mohammed Khan, Adv. with Ms. Drishti Mishra, Adv. For Respondent(s) : Mr. Tej Prakash Sharma, Special P.P with Mr. Vaibhav Jhankra, Adv. HON'BLE MR. JUSTICE ASHUTOSH KUMAR Order 29/07/2025 1. The present bail application has been filed by the accused- applicants under Section 483 of the B.N.S.S, 2023 against the order dated 22.04.2025 passed by learned Special Judge, NDPS Cases, Jaipur Metropolitan First in connection with FIR/Complaint No.04/2025, registered at Central Bureau of Narcotics, Jaipur for the offence punishable under Section 8/15 of Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'NDPS Act'), by which the bail application of the accused- applicants under Section 483 of the B.N.S.S, 2023 has been dismissed. [2025:RJ-JP:28513] (2 of 3) [CRLMB-5976/2025] 2. Learned counsel for the accused-applicants submits that as per the prosecution case on 10.04.2025, 40 Kg of 'poppyhusk' was recovered from the possession of the accused-applicants, which is less than the commercial quantity. Learned counsel also submits that the accused-applicants are women and were arrested on 10.04.2025 and since then, they are behind the bars. Learned counsel contends that the complaint in this matter has been filed by Central Bureau of Narcotics and trial will take time to conclude. Learned counsel further contends that no other criminal case has been registered against the accused-applicant-Rani Kour W/o Chamkor Singh, however, one case of similar nature has been found registered against the accused-applicant-Rani Kour W/o Nikka Singh. Learned counsel prays that the charge-sheet has been filed, therefore, the accused-applicants be enlarged on bail. 3. On the other hand, learned Special Public Prosecutor vehementally opposes the bail application and draw the attention of this Court towards the judgment passed by Hon'ble Supreme Court in the case of The State of Jharkhand Vs. Sunny Kumar @ Sunny Kumar Sao; 2025 INSC 153. 4. Heard learned counsel for the parties and also perused the material available on record. 5. Having regard to the overall facts and circumstances of the case and also considering the facts; that no other criminal case has been found registered against one of the accused-applicant- Rani Kour W/o Chamkor Singh; that the accused-applicants are behind the bars since 10.04.2025; that the complaint has already been filed and that the trial will take time to conclude, but without expressing any opinion on the merits/demerits of the [2025:RJ-JP:28513] (3 of 3) [CRLMB-5976/2025] case, this Court deems it proper to allow the bail application filed by the accused-applicants. 6. Consequently, this bail application filed under Section 483 of the B.N.S.S, 2023 is allowed. It is ordered that accused-applicants (1). Rani Kour W/o Chamkor Singh and (2). Rani Kour W/o Nikka Singh arrested in FIR/Complaint No.04/2025, registered at Central Bureau of Narcotics, Jaipur shall be released on bail; provided each of them furnishes personal bond in the sum of Rs.1,00,000/- and two solvent attested sureties of Rs.50,000/- each to the satisfaction of the learned trial Court. 7. Accused-Applicants shall be required to appear before that Court on all dates of hearing and as and when called upon to do so. (ASHUTOSH KUMAR),J Mohita /120