Allowed

Mona @ Krishna W/O Rajesh Tailor v. State of Rajasthan

Rajasthan HC4 May 2023CRLMB/5176/2023

Case brief

AI extract

What is this about?

In a bail application under Section 439 Cr.P.C. for offences under the NDPS Act, the High Court granted bail to the petitioner on a personal bond of Rs. 1,00,000/- with two sureties of Rs. 50,000/- each, noting her long incarceration without addressing the merits.

What did the court decide?

Petitioner enlarged on bail on a personal bond of Rs. 1,00,000/- with two sureties of Rs. 50,000/- each.

Mona @ Krishna W/O Rajesh Tailor Vs State of Rajasthan — Narcotics (NDPS) | Rajasthan HC (2023)

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[2023/RJJP/009362]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous 3^rd Bail Application No. 5176/2023

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Mona @ Krishna W/o Rajesh Tailor, Aged About 29 Years, R/o Park-B, Nangal Jaisa Bohra, Police Station Kardhani, Jaipur (At Present Confined In Central Jail Jaipur)

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----Petitioner

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Versus

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State Of Rajasthan, Through Pp

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----Respondent

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For Petitioner(s)	: Mr.	Narendra Prasad Meena,Adv.
For Respondent(s)	: Mr.	Yashwant Kankhadia,PP.

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HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA

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Order

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04/05/2023

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The present 3^rd bail application has been filed by the petitioner under Section 439 Cr.P.C. in connection with FIR No. 364/2021 Registered at Police Station Kardhani, Jaipur (West) for the offence(s) under Sections 8/20 NDPS Act.

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Learned counsel for the petitioner submits that the petitioner has been falsely implicated in this case. The petitioner is a lady and she is behind the bars since 30.04.2021. He further submits that till now out of 18 witnesses, statement of only two witnesses has been recorded by the trial court. Learned counsel for the petitioner has placed reliance on the judgment of Hon’ble Apex Court in the case of “ Abdul Majeed Lone Vs. Union Territory of Jammu and Kashmir” [Petition for Special Leave to Appeal (Crl.) No.3961/2022 decided on 01.08.2022], wherein considering the incarceration for a period of two years and five months, the bail was granted to the accused. Learned counsel for the petitioner has also placed reliance upon the judgment of Hon’ble Apex Court in the case of “Amit Singh Moni Vs. State of Himachal Pradesh” (Criminal Appeal No.668/2020, decided on 12.10.2020], wherein the bail was granted to the accused who had remained in custody

[2023/RJJP/009362]

[CRLMB-5176/2023]

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for a period of two years and seven months. He further submits that looking the long incarceration of the petitioner and there being no likelihood of completion of trial in near future, the petitioner may be enlarged on bail and conclusion of trial may take long time. Hence, the petitioner may be enlarged on bail.

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Learned Public Prosecutor has opposed the 3^rd bail application and submitted that contraband article of commercial quantity has been recovered from the possession of the petitioner. 4. Considering the contentions put-forth by the counsel for the parties and taking into account the facts and circumstances of the case, without expressing any opinion on the merits and demerits of the case, this court deems it just and proper to enlarge the petitioner on bail. 5. Accordingly, the 3^rd bail application under Section 439 Cr.P.C. is allowed and it is ordered that the accused-petitioner Mona @ Krishna W/o Rajesh Tailor be enlarged on bail provided she furnishes a personal bond in the sum of Rs.1,00,000/- with two sureties of Rs.50,000/- each to the satisfaction of the learned trial court with the stipulation that she will appear before the trial court on all subsequent dates of hearing and as and when called upon to do so.

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(NARENDRA SINGH DHADDHA),J

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Seema/1

Mona @ Krishna W/O Rajesh Tailor v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Mona @ Krishna W/O Rajesh Tailor v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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