Allowed

Kaushila Kumari Alias Kaushila Manjhi v. the State of Jharkhand

Jharkhand HC13 Apr 2023Cr.A(DB)/420/2023

Case brief

AI extract

What is this about?

The High Court allowed the appellant's criminal appeal for bail under the National Investigation Agency Act, quashing the Sessions Judge's earlier rejection order and directing release on bond with sureties due to co-accused bail orders.

What did the court decide?

Original order rejected on 21.02.2023 quashed and set aside; appellant directed to be released on bail on furnishing Rs. 25,000 bond with two sureties.

Kaushila Kumari Alias Kaushila Manjhi Vs the State of… — Narcotics (NDPS) | Jharkhand HC (2023)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI Criminal Appeal (DB) No.420 of 2023

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-----

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Koshila Kumari @ Koshilya Manjhi, aged about 32 years, Daughter of Paltan Manjhi, Resident of village-Biru, Budha Pahad, P.O & P.S.-Simdega, District-Simdega (Jharkhand)

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.… … Appellant

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Versus

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The State of Jharkhand … … Respondent

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CORAM:HON’BLE MR. JUSTICE SUJIT NARAYAN PRASAD HON’BLE MR. JUSTICE SUBHASH CHAND

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------For the Appellant : Mr. Jitendra Kumar, Advocate Mr. Prem Kr. Upadhyay, Advocate For the Respondent : Mrs. Lily Sahay, A.P.P. ------

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Order No. 02 / Dated 13^th April, 2023

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The instant appeal, filed under Section 21(4) of the National Investigation Agency Act, 2008, is directed against the order dated 21.02.2023 passed by learned Additional Sessions Judge-II, Latehar in Misc. Cr. Application No. 176 of 2023 [S.T. No. 32 of 2023] whereby and whereunder the prayer for regular bail of the appellant has been rejected.

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Learned counsel appearing for the appellant has submitted that if the prosecution story will be seen there is no specific overt act leveled against the appellant, save and except her complicity has come in the confessional statement of co-accused, Lata Devi and Mahadeo Mahto, who have stated in their confessional statement that the

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appellant was engaged in buying and selling of minor girls along with her husband.

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It has further been submitted that co-accused, Mahadeo Mahto @ Mahadeo Prajapaty and Kalawati Devi have been granted bail by the Co-ordinate Bench of this Court in Cr. Appeal (DB) No. 1022 of 2022 vide order dated 26.06.2022 and further accused Bhupendra Kumar has been granted bail vide order dated 20.12.2022 in Cr. Appeal (DB) No. 1406 of 2022.

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Learned counsel for the appellant on the aforesaid facts and circumstances has submitted that the appellant of this case also deserves to be released on bail.

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Learned Additional Public Prosecutor appearing for

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the State of Jharkhand has not disputed that co-accused persons, basis upon their confessional statement the name of the present appellant has come in surface, have been granted bail by this Court but has submitted that there is criminal antecedent against the present appellant.

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This Court, after having heard learned counsel for the parties and after taking into consideration the fact that the name of the appellant has come from the confessional statement of co-accused persons, who have

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been granted bail, as such the order passed by learned Sessions Judge requires interference.

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Regard being had to the facts and circumstances of the case, the order dated 21.02.2023 passed by learned Additional Sessions Judge-II, Latehar in Misc. Cr. Application No. 176 of 2023 [S.T. No. 32 of 2023], is hereby quashed and set aside.

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In consequence thereof, the instant appeal stands allowed.

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Accordingly, the appellant named above, is directed to be released on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II, Latehar in Misc. Cr. Application No. 176 of 2023 [S.T. No. 32 of 2023] corresponding to G.R. No. 339 of 2022.

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The instant criminal appeal stands disposed of.

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(Sujit Narayan Prasad, J.)

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(Subhash Chand, J.)

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Alankar/

Kaushila Kumari Alias Kaushila Manjhi v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Kaushila Kumari Alias Kaushila Manjhi v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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