Allowed¶20

Smt Nazma @ Nazema @ Gillu W/O Shri Deen Islam v. the State of Rajasthan

Rajasthan HC4 Jul 2025CRLMB/6851/2025

Case brief

AI extract

What is this about?

Bail allowed (04/07/2025) by Rajasthan HC Jaipur under S. 483 BNSS 2023 for woman (21 yrs) held u/S 8/21 NDPS Act in FIR 159/2025, PS Galta Gate, Jaipur City (North); 8 g 12 mg smack recovered, above small quantity but well below commercial quantity; earlier bail dismissal of 17.05.2025 by Special Judge, NDPS Cases, Jaipur Metropolitan-I overturned despite one other pending NDPS case; conditions: personal bond Rs.1,00,000/-, two solvent sureties of Rs.50,000/- each; no opinion expressed on merits.

What did the court decide?

Accused-applicant ordered released on bail on furnishing personal bond of Rs.1,00,000/- and two solvent sureties of Rs.50,000/- each to the satisfaction of the learned trial Court, with an undertaking to appear before that Court on all dates of hearing and as and when called upon. ¶20

Smt Nazma @ Nazema @ Gillu W/O Shri Deen Islam Vs the… — Narcotics (NDPS) | Rajasthan HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the bail application of the accused-applicant (a woman of 21 years, arrested in FIR No.159/2025, P.S. Galta Gate, for offence u/S 8/21 NDPS Act, from whose possession 8 grams and 12 miligrams of 'Smack' — more than small quantity but much less than commercial quantity — was recovered, and against whom one more NDPS case is pending) should be allowed.

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Court's answer

Having regard to the overall facts and circumstances, and considering that the accused-applicant is 21 years of age and that the 'Smack' recovered from her possession (8 grams and 12 miligrams) is much less than the commercial quantity, the Court deemed it proper to allow the bail application, expressly without expressing any opinion on the merits/demerits of the case.

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Ratio / Principle

The bail application filed under Section 483 of the B.N.S.S, 2023 is allowed; the accused-applicant shall be released on bail subject to furnishing a personal bond of Rs.1,00,000/- and two solvent sureties of Rs.50,000/- each to the satisfaction of the learned trial Court, and shall appear before that Court on all dates of hearing and as and when called upon.

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Detailed headnote1 paragraphs

Rajasthan High Court (Jaipur Bench), S.B. Criminal Miscellaneous Bail Application No. 6851/2025 (Justice Ashutosh Kumar, 04/07/2025): bail granted under S. 483 BNSS, 2023 reversing dismissal dated 17.05.2025 by the Special Judge, NDPS Cases, Jaipur Metropolitan-I. Accused-applicant, a woman aged 21 years, was arrested on 12.05.2025 in FIR No.159/2025, Police Station Galta Gate, District Jaipur City (North), for an offence punishable under S. 8/21 NDPS Act, 1985, with 8 grams and 12 miligrams of 'Smack' recovered from her possession — exceeding the small quantity but far below the commercial quantity. Although one more NDPS Act case was pending against her, the Court allowed bail solely on the basis of her age and the sub-commercial recovered quantity, expressly without expressing any opinion on the merits/demerits of the case, conditional on a personal bond of Rs.1,00,000/- plus two solvent sureties of Rs.50,000/- each, and attendance before the trial Court on all dates of hearing.

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[2025:RJ-JP:24764]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous Bail Application No. 6851/2025

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Smt. Nazma @ Nazema @ Gillu W/o Shri Deen Islam, Aged About 21 Years, R/o House No. 58/33, Rich Badar Valo Ki Gali, Kalli Ka Bhatta, Idgah Delhi Road, Police Station Galta Gate Jaipur (Raj.). (At Present Confined In Central Jail, Jaipur).

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----Accused-Applicant

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Versus

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The State Of Rajasthan, Through PP

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----Respondent

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For Applicant(s)	: Mr. Rajveer Singh,Adv.
For Respondent(s)	: Ms. Arti Sharma, Dy.GA
	Mr. Vivek Sharma,Add.GA

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HON'BLE MR. JUSTICE ASHUTOSH KUMAR

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Order

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04/07/2025

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The present bail application has been filed by the accusedapplicant under Section 483 of the B.N.S.S, 2023 against the order dated 17.05.2025 passed by learned Special Judge, NDPS Cases, Jaipur Metropolitan-I in connection with FIR No.159/2025 registered at Police Station Galta Gate, District Jaipur City (North) for the offence punishable under Section 8/21 of The Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the 'NDPS Act'), by which the bail application of the accused-applicant under Section 483 of BNSS, 2023 has been dismissed.

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Learned counsel for the accused-applicant submits that the accused-applicant has falsely been implicated in this case. Learned

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counsel contends that the accused-applicant is a woman of 21 years of age and the so-called contraband has been recovered from the possession of the accused-applicant is 8 grams and 12 miligrams of 'Smack', which is though more than the small quantity but much less than the commercial quantity. Learned counsel prays that the accused-applicant was arrested on 12.05.2025 and since then, he is behind the bars, therefore, the accused-applicant be enlarged on bail.

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On the other hand, learned Public Prosecutor opposes the bail application and submits that one more case of NDPS Act is also pending against the accused-applicant, therefore, the bail application of the accused-applicant should be rejected. 4. Heard learned counsel for the parties and also perused the material available on record. 5. Having regard to the overall facts and circumstances of the case and also considering the facts that the accused-applicant is 21 years of age from whose possession 8 grams and 12 miligrams of 'Smack' has been recovered, which is much less than the commercial quantity, but without expressing any opinion on the merits/demerits of the case, this Court deems it proper to allow the bail application filed by the accused-applicant.

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Consequently, this bail application filed under Section 483 of the B.N.S.S, 2023 is allowed. It is ordered that accused-applicant Smt. Nazma @ Nazema @ Gillu W/o Shri Deen Islam arrested in FIR No. 159/2025 registered at Police Station Galta Gate, District Jaipur City (North) shall be released on bail; provided she furnishes personal bond in the sum of Rs.1,00,000/-

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and two solvent sureties of Rs.50,000/- each to the satisfaction of the learned trial Court.

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