BAIL APPLN./1603/2024 of AMINA BEGUM Vs STATE OF NCT OF DELHI

IN THE HIGH COURT OF DELHI AT NEW DELHI+ BAIL APPLN. 1603/2024

AMINA BEGUM

.....Petitioner

Through: Mr. Shasak Jain, Mr. Gaurav Kochar & Mr. Kunal Narang, Advs. & Mr. Kunal Narang, Advs. versus

STATE OF NCT OF DELHI

.....Respondent

Through: Mr. Aman Usman, APP for the State SI Kartar Singh, Narcotics Cell SI Kartar Singh, Narcotics Cell

CORAM:HON'BLE MR. JUSTICE ANISH DAYAL

O R R10.07.2024

1.This petition is filed seeking release of petitioner in FIR No.205/2024 under sections 20/25/29 NDPS, Police Station Narela. The case of the prosecution is that seizure of 1.9 kg ganja was effected from one Vijay Paswan on 18[th] March 2024, who on interrogation disclosed that he had procured the contraband from Amina, the petitioner herein as also from Rahim, Kriman and Marjina who all are residents of Narela. Raid was conducted at the premises of petitioner and 1.2 kgs of ganja was recovered from her jhuggi, same being an intermediate quantity.

2.Counsel for petitioner points out that accused Vijay Paswan and Kriman have already been granted bail by the Trial Court vide orders dated 6[th] June 2024 and 21[st] June 2024 respectively. He further states that petitioner is lady; charge sheet has already been filed.

3.Considering that rigors of Section 37 of NDPS Act do not apply to this case and other accused persons have already been granted bail, in the considered opinion of this Court, petitioner is also entitled to bail.

4.In light of the above, and that the trial in the matter is likely to take some time, and it would not be prudent to keep the petitioner behind bars for an indefinite period, this Court finds it to be fit case for grant of bail to the petitioner. Consequently, the petitioner is directed to be released on bail on furnishing personal bond in the sum of Rs. 50,000/- with one surety of the like amount subject to the satisfaction of the Trial Court, further subject to the following conditions:

i.Petitioner will not leave the country without prior permission of the Court. Court.

ii.Petitioner shall provide permanent address to the Trial Court. The petitioner shall intimate the Court by way of an affidavit and to the IO regarding any change in residential address. petitioner shall intimate the Court by way of an affidavit and to the IO regarding any change in residential address.

iii.Petitioner shall appear before the Court as and when the matter is taken up for hearing. taken up for hearing.

iv.Petitioner shall join investigation as and when called by the IO concerned. concerned.

v.Petitioner shall provide all mobile numbers to the IO concerned which shall be kept in working condition at all times and shall not switch off or change the mobile number without prior intimation to the IO concerned. which shall be kept in working condition at all times and shall not switch off or change the mobile number without prior intimation to the IO concerned.

vi.Petitioner will mark presence through video call to the concerned I.O. every Wednesday at 4pm. I.O. every Wednesday at 4pm.

vii.Petitioner shall not indulge in any criminal activity and shall not communicate with or come in contact with any of the prosecution witnesses. communicate with or come in contact with any of the prosecution witnesses.

5.Needless to state, but any observation touching the merits of the case is purely for the purposes of deciding the question of grant of bail and shall not

be construed as an expression on merits of the matter.

6.Copy of the order be sent to the Jail Superintendent for information and necessary compliance. and necessary compliance.

7.Accordingly, the petition is disposed of. Pending applications (if any)

are disposed of as infructuous.

8.Dasti

9.Order be uploaded on the website of this Court.

ANISH DAYAL, J

JULY 10, 2024/sm