Aasma Begum v. The State NCT Of Delhi
$~3 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 2978/2024 AASMA BEGUM .....Petitioner Through:
Mr. S. Islam, Mr. Shan Ul Islam and Mr. Sahar Irfan, Advocates.
versus THE STATE NCT OF DELHI .....Respondent Through:
Mr. Laksh Khanna, APP for State with SI Satnarayan, P.S.
Anti Narcotics Squad, South East Distt.
CORAM:
HON'BLE MR. JUSTICE MANOJ KUMAR OHRI
O R D E R
% 27.09.2024 1.
By way of present bail application, the applicant seeks regular bail in FIR No. 111/2024 registered under Sections 20/29/61/85 of NDPS Act at P.S. Sarita Vihar, Delhi.
2.
Learned counsel for the applicant states that applicant is in custody since 26.04.2024 and that the applicant's name has figured only in the disclosure statement of the co-accused persons. He further contends that there is no recovery effected at the instance of the present applicant and that the applicant is stated to be 7 months pregnant. She is also presently in custody along with her minor child. Lastly, it is submitted that applicant is not involved in any other case.
3.
Learned APP for the State, on the other hand, has opposed the bail application. It is submitted that initially, the co-accused persons, namely Mintu, Aman and Rekha were apprehended, from whom 17.304 kg, 6.352 kg and 2.114 kg of Ganja were seized, respectively, totalling to 25.77 kg. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
Further, all the three co-accused persons have disclosed that the supplies were received from the applicant's husband who lives in Vishakhapatnam. He also submits that the rental amount of the house/godown, which was occupied by Rekha, is also paid by the present applicant. Furthermore, ld. APP submits that there are multiple money transactions between the present applicant and another co-accused, namely Sonu. He, however, concedes that no recovery has been effected at the instance of the applicant and that she is also not found to be involved in any other offence. Lastly, it is submitted that the charge-sheet stands filed, however, the charges are yet to be framed. It is also stated that the prosecution has cited 26 witnesses in support of its case.
4.
Considering that no recovery has been effected at the instance of the applicant and also that she is not found involved in any other case and the further fact that she is stated to be 7 months pregnant, this Court deems it fit to release the applicant on regular bail subject to her furnishing a personal bond in the sum of Rs.25,000/- with one surety of the like amount to the satisfaction of the concerned Jail Superintendent/concerned Court/Duty J.M. and subject to the following further conditions :- i) The applicant shall not leave the NCR without prior permission of the concerned Court.
ii) The applicant shall provide her mobile number to the Investigating Officer on which she will remain available during the pendency of the trial. iii) In case of change of residential address or contact details, the applicant shall promptly inform the same to the concerned Investigating Officer as well as to the concerned Court.
iv) The applicant shall not directly/indirectly try to get in touch with the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
complainant or any other prosecution witnesses or tamper with the evidence. v) The applicant shall regularly appear before the concerned Court during the pendency of the trial.
5.
The bail application is disposed of in the above terms. 6.
Copy of the order be communicated to the concerned Jail Superintendent for information and necessary compliance. 7.
Needless to state that the observations made hereinabove are only for the purpose of disposal of present bail application and which shall not have a bearing on the trial of the case.
Dasti.
MANOJ KUMAR OHRI, J SEPTEMBER 27, 2024 ga The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.