Nirmala Saket vs State Of Madhya Pradesh

Vishal Dhagat, J

This is first bail application filed under Section 439 of Cr.P.C. on behalf o f applicant, who in jail since 27.07.2022 in connection with Crime No.624/2022, registered at Police Station-Kotwali District- Sidhi (M.P.), for the offences punishable under Sections 8 & 20-B of NDPS Act and 34(2) of Excise Act.

Counsel appearing for the applicant submitted that applicant is innocent and has falsely been implicated in the case as her husband is absconding and police is unable to arrest him. It is submitted that as per prosecution story, 2100 grams of ganja and 72 bulk litres of country made liquor has been seized from applicant and accused persons. Counsel for applicant submitted that petitioner was called in police station at about 10 am and lateron offence has been registered on the basis of false evidence created by police. In these circumstances, prayer is made to enlarge applicant on bail.

Govt. Advocate appearing for State opposed the application for grant of bail and it is submitted that applicant is having criminal antecedent. Applicant was earlier involved in offence under the Excise Act along with her husband and in this case also, 72 bulk litres of illicit liquor has been seized from the applicant and considering the criminal record of applicant, she may not be released on bail.

Heard learned counsel for parties.

As per report of the police station, accused was at police station on 10 am and, thereafter, after doing some work, she left the police station. The fact, as to why was the accused in police station at 10 am, is not explained by prosecution.

Considering the facts and circumstances of the case, bail application filed by applicant is allowed. It is directed that the applicant - Nirmala Saket be released on bail on her furnishing personal bond in the sum of Rs.1,00,000/-(Rupees One Lac only) with two solvent sureties in the like amount to the satisfaction of the trial court. Looking to the criminal antecedent of the applicant, applicant-Nirmala Saket is directed to appear and mark her presence before concerned police station twice every month (i.e. 1st and 15th day of the month).

In addition to aforesaid condition, the applicant shall abide by the conditions enumerated under Section 437(3) of Cr.P.C.

C.C as per rules.