Anisha @ Nishi vs State Of Uttarakhand

Ravindra Maithani, J

Applicant Anisha @ Nishi is in judicial custody in Case Crime No. 10 of 2020, under Sections 8/22 of the Narcotic Drugs and Psychotropic Substances Act, 1985, Police Station Patel Nagar, District Dehradun.

Heard learned counsel for the parties and perused the record.

According to the case, on 04.01.2020, a narcotic substance in commercial quantity was recovered from the applicant.

This is fifth bail application of the applicant. The first bail application was rejection on 22.09.2020 on merits. The second bail application was dismissed as withdrawn on 24.09.2021. The third bail application was also rejected on merits on 26.10.2021. The fourth bail application was rejected on 12.04.2023.

Learned counsel for the applicant would submit that applicant’s daughter is suffering with some diseases. She has to undergo some surgical procedure; there is none in the family to look after her; the applicant is separated from her husband; the children are all alone in the house. Therefore, he would submit that the instant bail application may be treated as short term bail application and the applicant be granted short term bail for the period of four weeks.

Learned State counsel under instructions would not dispute the factual position.

The instant bail application is treated as short term bail application.

Without adverting to the merits, purely on humanitarian ground, this Court is of the view that the applicant may be enlarged on short term bail for a period of four weeks.

Let the applicant be released on short term bail for a period of four weeks from the date of her release, subject to her executing a personal bond of Rs.5000/-.

After expiry of the period of short term bail, the applicant shall surrender before the court concerned and an information shall be forwarded to this Court.

The fifth bail application stands disposed of accordingly.