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High Court of Punjab and Haryana · body

2025 DAILYLAW 77154 (PNJ)

RAJNI ALIAS KAMNA v. STATE OF PUNJAB

CRM-M/36398/2025 · 2025-08-19

N S Shekhawat

body2025

Judgment text

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CRM-M-36398-2025 -1- 244 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-36398-2025 Date of Decision:19.08.2025 Rajni alias Kamna …Petitioner vs. State of Punjab …Respondent Coram : Hon’ble Mr. Justice N.S.Shekhawat Present : Mr. S.K.Choudhary, Advocate for the petitioner. Mr. I.P.S. Sabharwal, DAG, Punjab. *** N.S.Shekhawat J. (Oral) 1. The petitioner has filed the instant petition under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 with a prayer to grant regular bail in case FIR No.47 dated 06.05.2025 registered under Sections 21, 29, 27(A), 61, 85 of NDPS Act, 61-1-14 of Excise Act read with Section 111 of BNS, at Police Station Sadar, District Pathankot. 2. Learned counsel for the petitioner contends that the petitioner was not named in the FIR nor there is any averment, which connects her with the commission of crime in any manner. In fact, the name of the petitioner has been surfaced on the basis of the disclosure statement suffered by her co- accused-Preet. He further contends that the veracity of the allegation levelled by the co-accused is yet to be decided by the trial Court. The petitioner was arrested in the present case on 06.05.2025 and is in custody for the last more than 03 months. He further contends that after the arrest of the petitioner, no recovery was effected from her. HEMLATA 2025.08.20 01:39 I attest to the accuracy and integrity of this document CRM-M-36398-2025 -2- 3. On the other hand, learned State counsel has vehemently opposed the submissions made by learned counsel for the petitioner on the ground that three more case have been ordered to be registered against the petitioner and she does not deserve the concession of bail by this Court. 4. I have heard the learned counsel for the parties and perused the record. 5. In the present case, the petitioner is stated to be in custody for the last more than 03 months and no recovery was effected from her. Moreover, the challan has also not been filed against the petitioner. Thus, the conclusion of the trial may take quite a long time. 6. Without commenting on the merits of the case, the present petition is allowed and the petitioner is ordered to be released on bail subject to her furnishing bail bonds/surety bonds to the satisfaction of the trial Court/Duty Magistrate/Chief Judicial Magistrate, concerned, 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 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. HEMLATA 2025.08.20 01:39 I attest to the accuracy and integrity of this document CRM-M-36398-2025 -3- (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, she shall share the details with the concerned Court/learned Trial Court. (vi) In case, the petitioner involves 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. (N.S.SHEKHAWAT) 19.08.2025 JUDGE hemlata Whether speaking/reasoned : Yes/No Whether reportable : Yes/No HEMLATA 2025.08.20 01:39 I attest to the accuracy and integrity of this document