Smt. Santi Devi W/O Shri Vikram ... vs State Of Rajasthan
2021 Latest Caselaw 336 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

 S.B. Criminal Miscellaneous Bail Application No. 621/2021

Smt. Santi Devi W/o Shri Vikram Singh, Aged About 33 Years,
R/o Shop No.33, Jhulelal Nagar Police Station Muhana Jaipur
South, Jaipur (Raj) (At Present Confined In Central Jail Jaipur)
                                                                  ----Petitioner
                                   Versus
State Of Rajasthan, Through Pp.
                                                                ----Respondent

For Petitioner(s) : Mr. Dushyanj Singh Naruka, For State : Mr. Sher Singh Mahla, PP

HON'BLE MR. JUSTICE PANKAJ BHANDARI

Judgment / Order

18/01/2021

1. Petitioner has filed this bail application under Section

439 of Cr.P.C.

2. F.I.R. No. 08/2021 was registered at Police Station Muhana

Jaipur South for offence under Sections 8, 20 of NDPS Act and

Section 19/54, 16/54 of Rajasthan Excise Act.

3. It is contended by counsel for the petitioner that petitioner is

a female. Recovered contraband is less than commercial quantity.

The criminal antecedent pertained to a case of small quantity. It is

not yet established that the recovered contraband falls within the

definition of Ganja. It is also contended that the recovery was

effected after sunset and no independent witnesses were available

at the time of recovery.

4. Learned Public Prosecutor has opposed the bail application.

(2 of 2) [CRLMB-621/2021]

5. I have considered the contentions.

6. Considering the contentions put forth by counsel for the

petitioner, I deem it proper to allow the bail application.

7. This bail application is accordingly allowed and it is directed

that accused petitioner shall be released on bail provided he

furnishes a personal bond in the sum of Rs.1,00,000/- (Rupees

One Lac only) together with two sureties in the sum of

Rs.50,000/- (Rupees 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.

8. However, It is made clear that if the petitioner repeats the

offence, State would be free to move bail application for

cancellation of bail before the concerned Court.

(PANKAJ BHANDARI),J

NIKHIL KR. YADAV /60

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