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Bombay High CourtBA/3922/2025bail granted

Noor Jahan Mohammed Isaraul v. State Of Maharashtra

2025-12-04Hon'Ble Justice Dr. Neela Kedar Gokhale7 pages

P. V. Tiwari 21- ba-3922-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 3922 OF 2025 Noor Jahan Mohammed Isaraul Ansari ...Applicant

Versus

State of Maharashtra

...Respondent

Mr. Gorakh Liman a/w Ashwini Liman, for the Applicant. Ms. Anamika Malhotra, for the Respondent.

PSI-Raju T. Salunkhe, Deonar Police Station, Mumbai, present.

CORAM

DR. NEELA GOKHALE, J.

DATED:

04TH DECEMBER 2025 PC:- 1.

By this Application, the Applicant seeks his enlargement on bail in connection with C.R. No. 28 of 2025 dated 02nd February, 2025 registered with the Deonar Police Station, Mumbai for the offences punishable under Sections 8(c) read with Section 20(b)(ii)(C) and Section 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'NDPS' Act).

P. V. Tiwari 21- ba-3922-2025.doc 2.

There are in all five accused. The present Applicant is Accused No. 3. The case of the prosecution in brief, is that the Accused No. 3-Noor Jahan Mohammed Isaraul Ansari was arrested on the basis of a statement of the co-accused. A sim card was retrieved from the Applicant, the wife of co-accused No. 4. The said sim card although it was in the name of the present applicant was being used by the Accused No. 2-Jayda Bano. The co-accused disclosed the name of the present applicant leading the police to arrest her.

3. After following the procedure under the NDPS Act, the police arrested the Applicant on 11th February, 2025. However, nothing was recovered from the possession or premises of the Applicant.

4.

The Applicant made an application for bail before the Special Court (NDPS), Greater Bombay, however, by order dated 24th September, 2025, the bail application was rejected and hence, the Applicant is before this Court seeking the relief as prayed.

P. V. Tiwari 21- ba-3922-2025.doc 5.

Mr. Gorakh Liman, learned counsel appearing for the Applicant, submits that nothing was recovered from the Applicant. He further submits that there is no arrest panchanama in the charge sheet in respect of present Applicant. She was arrested on the statement of the coaccused and there is no material on record to connect the Applicant with the said offence. He thus prays that the Applicant be released on bail.

6.

Ms. Anamika Malhotra learned APP, on instructions, submits that the sim card, which was retrieved from the Accused No. 2-Jayda Bano, was found to be in the name of the Applicant, however, the same was never used by the Applicant. On further investigation, it transpired that the Applicant was hired by the main accused to transport the said contraband. She further concedes that there are no antecedents as against the Applicant. She further submits that the offence is serious and the Bail Application be rejected.

P. V. Tiwari 21- ba-3922-2025.doc 7.

Heard learned counsel appearing for the respective parties and perused the record with their assistance. 8.

A plain reading of the FIR indicates that nothing was recovered from the Applicant and it was only on the basis of her name being taken by the co-accused that she was arrested. There is no material on record to establish her connection with the Accused Nos. 1 and 2, from whom contraband was recovered. Admittedly, there are no antecedents against the Applicant. She is in custody from 11th February, 2025 and has suffered incarceration for almost nine months. In the aforesaid backdrop, there is reasonable ground to believe that the Applicant has not committed the offence as alleged and is not likely to commit the said offence if released on bail. In any event since there is no recovery from her, rigors of Section 37 of the NDPS Act, in the facts and circumstances of the present case, will not apply.

9.

In these circumstances, I am inclined to enlarge the Applicant on bail. It is accordingly ordered as under:

P. V. Tiwari 21- ba-3922-2025.doc

ORDER

i) The Applicant be enlarged on bail, on executing PR Bond in the sum of Rs.50,000/ with one or two local sureties in the like amount; ii) The Applicant shall attend the Trial Court concerned on each and every date unless exempted by the orders of the Trial Court concerned;

iii) The Applicant shall also attend the Police Station concerned once in a month between 11:00 a.m. to 02:00 p.m., till the charges are framed; iv) If the Applicant has not deposited his passport, if any, the Applicant shall deposit the same with the Police Station concerned;

v) The Applicant shall not leave India, without the permission of the Trial Court;

P. V. Tiwari 21- ba-3922-2025.doc vi) The Applicant shall not tamper or attempt to influence or contact the complainant, witnesses or any person concerned with the case;

vii) The Applicant shall inform his latest place of residence and contact number immediately after being released and / or change of residence or mobile details, if any, from time to time to the Court seized of the matter and to the Investigating Officer of the Police Station concerned;

viii) The Applicant to co-operate with the conduct of the trial;

ix) Any infraction of the aforesaid conditions shall entail cancellation of bail.

10.

Application is allowed in the above terms and is accordingly disposed of.

P. V. Tiwari 21- ba-3922-2025.doc 11.

It is made clear that the observations made herein are prima facie and are confined to this Application and the learned Trial Judge to decide the case on its own merits, uninfluenced by the observations made herein. (DR. NEELA GOKHALE, J)