NISHA ALIAS NISHA PARWEEN v. THE STATE OF JHARKHAND
A.B.A./421/2025 · 2025-01-24
Anil Kumar Choudhary
body2025
DailyLaw.ai
[ 2025 DAILYLAW 2780 (JHR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 2780 (JHR) · dailylaw.ai ]
Judgment text
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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 421 of 2025
------ Nisha @ Nisha Parween, aged about 18 years, w/o Nijamuddin Momin, d/o Kadim Khan, resident of Village- H- Road, Muslim Basti, Adityapur-1, P.O. – Adityapur, P.S.- Adityapur, Dist.-Seraikella-Kharsawan, Jharkhand
… Petitioner
Versus The State of Jharkhand … Opposite Party
------
CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
------
For the Petitioner : Mr. Madhav Prasad, Advocate For the State
: Mr. Bhola N. Ojha, Spl. P.P. ------
Order No.02 Dated- 24.01.2025
Heard the parties.
Apprehending his arrest, the petitioner has moved this Court for grant of privilege of anticipatory bail in connection with Adityapur P.S. Case No.353 of 2024 registered under sections 17(b)/21(b)/27(A) of N.D.P.S. Act.
The Learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner was involved in selling and transportation of brown sugar (Heroin) and 5.45 grams of Heroin was seized from the co-accused. It is further submitted that the allegations against the petitioner are all false. Hence, it is submitted that the petitioner be given the privilege of anticipatory bail.
Learned Spl. P.P. on the other hand vehemently opposes the prayer for grant of anticipatory bail and submits that there is direct and specific allegation against the petitioner of being involved in selling and transportation of Heroin hence, the custodial interrogation of the petitioner is required during the investigation of the case to find out the details of the network of the gang involved in selling and transportation of Heroin. Hence, it is submitted that the petitioner ought not to be given the privilege of anticipatory bail.
Considering the serious nature of allegation against the petitioner and the requirement of custodial interrogation of the petitioner during the investigation of the case, this Court is not inclined to give the privilege of anticipatory bail to the petitioner. Accordingly, the prayer for grant of privilege of anticipatory bail to the petitioner is rejected.
(Anil Kumar Choudhary, J.)
Sonu/Gunjan-