SMT DEEPA W/O LAXMIKANT SHARMA @ LACHCHHO v. STATE OF RAJASTHAN
CRLMB/9770/2025 · 2025-08-13
Ashok Kumar Jain
Transfer Petitionbody2025
DailyLaw.ai
[ 2025 DAILYLAW 26402 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 26402 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:31763] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 9770/2025 Smt Deepa W/o Laxmikant Sharma @ Lachchho, Aged About 38 Years, R/o Purani Tehsil Ke Pass, Mali Mauhalla Mahwa, Police Station Mahwa, District Dausa, Rajasthan. (At Present Accused Petitioner Is Confined In Mahila Jail, Sewar, Bharatpur). ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Rajendra Kumar Sharma For Respondent(s) : Mr. Vijay Singh Yadav, PP HON'BLE MR. JUSTICE ASHOK KUMAR JAIN
Order 13/08/2025
1. This instant application for bail filed under Section 483 of BNSS by the applicant-accused Smt Deepa W/o Laxmikant Sharma @ Lachchho in FIR No. 352/2025 dated 21.07.2025 registered at P.S. New Mandi Hindaun District -Karauli, whereby the applicant-accused was charged under Sections 8, 21, 25 and 29 of NDPS Act.
2. The applicant was arrested and is in judicial custody since her arrest. The Court below has dismissed the bail application.
3.
Learned counsel for the applicant relying upon grounds raised in bail application submits that the applicant is innocent and falsely implicated in the present case. Further, he submits that the investigation relating to present applicant-accused is complete and is no more required by
[2025:RJ-JP:31763] (2 of 3) [CRLMB-9770/2025] the Investigating Agency for investigation. He further assures that in case, the applicant-accused is required for further investigation, the applicant-accused will be available for such investigation. He also submits that the investigation/trial will take its own time and no purpose will be served by keeping the applicant-accused in custody.
4.
Learned counsel for petitioner submitted that petitioner is a female and 8gm of smack is allegedly recovered from possession from possession of present petitioner. He further submitted that police has not complied the mandatory provision of NDPS Act before effecting search and seizure and there is no criminal antecedent against the petitioner.
5. Aforesaid contentions were opposed by learned Public Prosecutor. He submitted report received from concerned police station and same is taken on recor.
6. Heard learned counsel for the applicant-accused and learned Public Prosecutor. Perused the material placed on record.
7. On the basis of search and seizure on 21.07.2025, 14gm smack is recovered from Laxmikand Sharma and 8gm 40mg from possession of petitioner. She is taken in custody on 21.07.2025 and she is in custody since then. The petitioner is a female and recovered quantity is less than commercial quantity.
8. Upon hearing the arguments and perusing the record, we have found that the applicant-accused is no more required in the investigation and he is in custody for quite some time. The further proceedings will take its own time, therefore, looking to entirety of facts and circumstances of the case
[2025:RJ-JP:31763] (3 of 3) [CRLMB-9770/2025] and without expressing any opinion on merits of the case, the Court deems it appropriate to grant bail to the applicant- accused.
9. Thus, the instant bail application filed on behalf of applicant- accused Smt Deepa W/o Laxmikant Sharma @ Lachchho, is hereby allowed and the applicant-accused is ordered to be released on bail upon furnishing a personal bond of ₹50,000/- with two sureties of like amount to the satisfaction of the Trial Court with the following conditions:- (i) The applicant-accused shall not tamper with
evidence or influence the witness in any manner. (ii) The applicant-accused shall not indulge in any criminal activity and shall not repeat any criminal offence punishable under the Law. (iii) The applicant-accused shall attend the hearing of the Trial Court on the date fixed by the Trial court or as and when asked to appear before the Trial Court. (iv) In case of any violation of above conditions, the bail granted to the applicant-accused shall be liable to be canceled.
10. The Registry is directed to send a copy of this order to the Trial Court through E-mail.
(ASHOK KUMAR JAIN),J PREETI VALECHA /338