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2026 DAILYLAW 15555 (RAJ)

SMT RACHNA W/O KAMAL v. STATE OF RAJASTHAN

CRLMB/760/2026 · 2026-01-30

Anil Kumar Upman

body2026

Judgment text

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[2026:RJ-JP:4319] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 760/2026 Smt Rachna W/o Kamal, Aged About 27 Years, R/o Sansi Basti Sawar, P.s. Sawar District Ajmer Rajasthan (At Present In Central Jail Ajmer) ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Pradeep Sharma For Respondent(s) : Mr. Rishiraj Singh Rathore, PP with Mr. Gaurav Gupta, Asst. G.A. HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 30/01/2026 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.155/2025 registered at Police Station Bhinai, District Ajmer for the offence punishable under Section 8/21 of NDPS Act. During the course of investigation, offence under Section 8/29 of NDPS Act has also been added. 2. It is contended by learned counsel for the petitioner that the accused-petitioner has falsely been implicated in this case. It is contended that admittedly, no contraband has been recovered from the possession of the petitioner and she has been made accused solely on the basis of police interrogation of co-accused, who was found in possession of contraband. It is submitted that said co-accused has been granted benefit of bail by this Court. It is submitted that petitioner is in custody since 22.08.2025 and [2026:RJ-JP:4319] (2 of 3) [CRLMB-760/2026] further custody of the petitioner would not serve any fruitful purpose. It is argued that trial will take time in its conclusion. 3. Learned Public Prosecutor opposes the submissions made by learned counsel for the petitioner. 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 petitioner, as also considering the fact that no contraband has been recovered from the possession of the petitioner so also the fact that co-accused, who was found in possession of contraband, has been granted benefit of bail by this Court; trial will take time in its conclusion as well as 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. 6. This bail application is accordingly allowed and it is directed that accused-petitioner Smt Rachna W/o Kamal, shall be released on bail provided she furnishes a personal bond in the sum of Rs.5,00,000/- (Rupees Five Lakh Only) together with two sureties in the sum of Rs.2,50,000/- (Rupees Two Lakh Fifty 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. 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 in first week of every month in the concerned police station, till trial is concluded. [2026:RJ-JP:4319] (3 of 3) [CRLMB-760/2026] 8. Concerned SHO shall enter attendance of the petitioner in the Roznamcha. In case the petitioner fails to mark her presence in the concerned police station, the concerned SHO is directed to immediately report the matter to the concerned Court in this regard. 9. 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. 10. Office is directed to send a copy of this order to the concerned SHO for necessary compliance. 11. The observations made hereinabove are only for decision of the bail application and would not have any impact on the trial of the case in any manner. (ANIL KUMAR UPMAN),J CHARU SONI /29