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CRM-M-21033-2025 (O&M) -1- 223
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-21033-2025 (O&M) Date of Decision:23.05.2025 PINKY ALIAS PRAKI ALIAS PRANKY
…PETITIONER VS.
STATE OF PUNJAB …RESPONDENT
Coram : Hon’ble Mr. Justice N.S.Shekhawat Present : Mr. Damanjit Singh Sandhu, Advocate for the petitioner. Mr. M.S. Bajwa, DAG, Punjab. ***
N.S.Shekhawat J. (Oral) CRM-21310-2025 For the reasons mentioned in the application, the same is allowed, subject to just all exceptions. Main case
1. The petitioner has filed the present petition under Section 483 of BNSS, 2023 with a prayer to grant regular bail to her in case FIR No.171 dated 24.09.2023, registered under Sections 22/29/61 of NDPS Act, 1985, Police Station Garhshankar, District Hoshiarpur.
2.
Learned counsel for the petitioner contends as per the prosecution case, on 24.09.2023, the police party had arrested, Rajan and Anjana Kumari, who were travelling on a motorcycle and from the envelope thrown by Anjana VIPIN KUMAR 2025.05.26 21:49 I attest to the accuracy and integrity of this judgment/order
CRM-M-21033-2025 (O&M) -2- Kumari, 290 grams of Alprazolam was recovered. During the course of investigation, the accused also named the petitioner as one of the accused in the present case and the petitioner was arrested on 30.08.2023. He further contends that no witness has been examined so far and the conclusion of the trial will take long time.
3. On the other hand, learned State counsel has vehemently opposed the submissions made by learned counsel for the petitioner on the ground that serious allegations have been levelled against the present petitioner and she does not deserve the concession of bail by this Court. He further submits that two cases under the provisions of NDPS Act were ordered to be registered against the petitioner, however, the petitioner has been granted the concession of bail in one case and in another case she has been re-arrested.
4. I have heard the learned counsel for the parties and perused the record carefully.
5. The petitioner was ordered to be arrested in the present case on 30.08.2023 but no recovery was effected from her. Even the prosecution has not been able to examine even a single witness so far and conclusion of the trial will take long time. Thus, the further custody of the petitioner will not serve any useful purpose.
6. Without commenting on the merits of the case, the present petition is allowed. The petitioner is ordered to be released on bail pending trial on her furnishing bail bonds and surety to the satisfaction of the concerned trial Court/ Duty Magistrate/Chief Judicial Magistrate subject to the following conditions:- (i) The petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the VIPIN KUMAR 2025.05.26 21:49 I attest to the accuracy and integrity of this judgment/order
CRM-M-21033-2025 (O&M) -3-
facts of the case, so as to dissuade her to disclose such facts to the Court or to any other authority. (ii) The petitioner shall remain present before the Court on the dates fixed for hearing of the case. (iii) The petitioner shall not absent herself from the Court proceedings except on the prior permission of the Court concerned. (iv) The petitioner shall surrender her passport, if any, (if already not surrendered), and in case she is not holder of the same, she shall swear an affidavit to that effect. (v) The petitioner shall also file her affidavit before the concerned Court, mentioning her ordinary place of residence and number of mobile phone, which shall be used by her during the pendency of the trial. In case of change of place of residence/mobile number, he shall share the details with the concerned Court/learned Trial Court. (vi) In case, the petitioner is involved in any other criminal activity, during the pendency of the trial, it shall be viewed seriously. (vii) The concerned Court may insist on two heavy local sureties and may also impose any other condition, in accordance with law, while accepting the bails bonds and surety bonds of the petitioner.
7. In case, the petitioner violates any of the conditions mentioned above, it shall be viewed seriously and the concession of bail granted to her shall be liable to be cancelled and the prosecution shall be at liberty to move an application in this regard. 23.05.2025
(N.S. SHEKHAWAT) vipin
JUDGE Whether reasoned/speaking : Yes/No Whether reportable : Yes/No VIPIN KUMAR 2025.05.26 21:49 I attest to the accuracy and integrity of this judgment/order