Nisha v. State Of Haryana

Crl. Misc. No. M-2341 of 2017

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.

Sr. No. 208 Case No. : Crl. Misc. No. M-2341 of 2017 Date of Decision : January 31, 2017 Nisha ....

Petitioner vs.

State of Haryana ....

Respondent CORAM : HON'BLE MR. JUSTICE DEEPAK SIBAL.

* * * Present :

Mr. Amit Choudhary, Advocate for the petitioner.

Mr. Manish Bansal, DAG, Haryana.

* * * DEEPAK SIBAL , J.

:

The present petition has been filed under Section 439 Cr.P.C. for grant of regular bail to the petitioner in case FIR No. 406 dated 15.07.2016, registered under Sections 15, 27-A/61/85 of the NDPS Act and Sections 147, 149, 332, 353, 186, 224, 225 IPC, at Police Station Ratia, District Fatehabad.

The primary case of the prosecution is that when the police party went to apprehend the husband of the petitioner, who was alleged to be in possession of narcotics, she helped her husband escape arrest. Learned counsel for the petitioner submits that the petitioner is a young lady of 28 years of age; no other criminal case is pending against her; she has been in custody for the last over four months; challan has been Monika 2017.01.31 17:36 I attest to the accuracy and integrity of this document

Crl. Misc. No. M-2341 of 2017 filed and therefore, she is no longer needed for investigation purposes and that the trial is likely to take a long time. He, therefore, prays for grant of bail to the petitioner.

Learned State counsel opposes the bail on the ground that recovery of narcotics was effected from the house, which belongs to the petitioner and her husband, who is the main accused in the case. After considering the entire gamut of facts with the seriousness they deserve, I am of the opinion that the petitioner should be granted the benefit of concession of regular bail during the pendency of the trial. Resultantly, the petition is allowed.

Bail to the satisfaction of Chief Judicial Magistrate/Duty Magistrate, Fatehabad.

Nothing observed herein above shall be considered as an expression of opinion by this Court on the merits of the case. ( DEEPAK SIBAL ) JUDGE January 31, 2017 monika Whether speaking/reasoned ?

Yes/No.

Whether reportable ?

Yes/No.

Monika 2017.01.31 17:36 I attest to the accuracy and integrity of this document