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2025 DAILYLAW 23189 (GAU)

SMTI ROBINA v. THE STATE OF NAGALAND

AB/16/2025 · 2025-05-21

Mitali Thakuria

body2025

Judgment text

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Page No.# 1/3 GAHC020002592025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH Case No. : AB/16/2025 SMTI ROBINA W/O SHRI WASHINGTON, R/O CHINGMEI KHULLEN, TADUBI, SENAPATI, MANIPUR 795106 VERSUS THE STATE OF NAGALAND REPRESENTED BY THE PUBLIC PROSECUTOR Advocate for the Petitioner : PAKINRICHAPBO, Advocate for the Respondent : P.P, NAGALAND, BEFORE HON'BLE MRS. JUSTICE MITALI THAKURIA ORDER Date : 22.05.2025 Heard Mr. Pakinrichapbo, learned counsel for the petitioner. Also heard Mr. V. Zhimomi, learned Public Prosecutor for the State respondent. This is an application under Section 482 of BNSS, 2023, praying for grant of pre-arrest bail to the accused/petitioner, who is apprehending arrest in connection with Niuland P.S. Case No. Page No.# 2/3 0003/2025, corresponding to G.R. Case No. 88/2025, registered under Section 21(C) of NDPS Act, read with Section 3(5) of BNS. It is submitted by Mr. Pakinrichapbo, learned counsel for the petitioner that, she is an innocent and she is no way involved in the alleged offence. It is submitted that the petitioner is the mother of 5(five) children and she was unaware that her account was being used by her husband. Further, he submitted that nothing has been recovered from the possession of the present petitioner and as per the allegation, all the contrabands were recovered from one co- accused, namely, Abdul Ali, who already got arrested in connection with this case. He further submitted that after obtaining interim pre- arrest bail, the accused /petitioner already appeared before the I.O. and recorded her statement under Section 67 of NDPS. She is also ready and willing to co-operate with the I.O. in the further investigation of this case, if the interim pre-arrest bail order is made absolute. Mr. V. Zhimomi, learned Public Prosecutor submitted in this regard that the status report of the case has already been received and wherein, it is seen that the statement of the accused/petitioner has already been recorded by the I.O and after recording her statement she was allowed to go on PR bond. He further submitted that, as per the accused/petitioner’s statement, she was unaware that her account was being used by her husband and in that process she also lost her mobile phone and Sim Card. He further submitted that from the statement made by her, it is seen that she is co-operating with the investigation in this case. Page No.# 3/3 After hearing the submissions of learned counsel for both sides and considering the update status report including the statement made by the petitioner vis-à-vis the conduct of the petitioner, I find that her custodial interrogation may not be required for the purpose of investigation. Accordingly, the order of interim pre-arrest bail dated 13.05.2025 is hereby made absolute, on the same terms and conditions. In terms of above, this anticipatory bail application stands disposed of. Sd/- JUDGE Comparing Assistant