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2025 DAILYLAW 34264 (RAJ)

SMT. ASHA SANSI W/O YOGESH KUMAR v. STATE OF RAJASTHAN

CRLMB/15513/2024 · 2025-01-20

Anil Kumar Upman

body2025

Judgment text

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[2025:RJ-JP:3058] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 15513/2024 Smt. Asha Sansi W/o Yogesh Kumar, Aged About 27 Years, R/o Hosue No. 90 Churiyari 2 Fatehpur Sikri Tehsil Kirawali , Police Station Fatehpur Sikri District Agra Uttar Pradesh At Present R/o Sarve No. 2/122, Teela No. 2 Kachchi Basti, Jawahar Nagar Police Station Jawahar Nagar, Jaipur. (At Present Confined In Central Jail Jaipur). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Vinod Kumar Sharma For Respondent(s) : Mr. N.S. Dhakar, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 20/01/2025 1. The instant bail application has been filed under Section 483 of BNSS., on behalf of the petitioner, who has been arrested in connection with FIR No.208/2024 registered at Police Station Jawahar Nagar, District Jaipur City East for the offences punishable under Sections 8/20 & 8/21 of NDPS Act. 2. It is contended by learned counsel for the petitioner that the accused-petitioner has falsely been implicated in this case. Learned counsel submits that petitioner is in custody with her daughter who is aged about one and a half year. It is submitted that petitioner has been made accused in this case solely on the basis of interrogation/investigation of co-accused person who was found in possession of contraband. Counsel submits that the said [2025:RJ-JP:3058] (2 of 3) [CRLMB-15513/2024] co-accused person has been granted benefit of bail by the learned trial court. Further custody of the petitioner would not serve any fruitful purpose. 3. Learned Public Prosecutor opposes the submissions made by learned counsel for the petitioner. He submits that petitioner is a habitual offender as six other cases have been registered against her out of which four cases are registered under the NDPS Act. 4. I have considered the contentions. 5. Having regard to the totality of the facts and circumstances of the case; considering the arguments advanced by both the parties, especially the fact that no contraband has been recovered from the possession of the petitioner & co-accused person of this case has been granted bail by the learned trial court; looking to the custody period, but without commenting anything on the merits/demerits of the case, I deem it proper to allow the bail application. The observations made hereinabove is only for decision of the instant bail application and would not have any impact on the trial of the case in any manner. 6. This bail application is accordingly allowed and it is directed that accused-petitioner - Smt. Asha Sansi W/o Yogesh Kumar, 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. [2025:RJ-JP:3058] (3 of 3) [CRLMB-15513/2024] 7. It is made clear that the accused-petitioner shall not involve in any other offence(s) during currency of the bail and she shall mark her presence on 1st & 15th day in every month in the concerned police station. 8. 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 GAUTAM JAIN /464