Gangesh Rani vs State Of Uttarakhand

Alok Kumar Verma, J

Present Application has been filed for grant of regular bail in connection with the FIR No.408 of 2021, registered at police station Kotwali Jawalapur, District Haridwar under Section 2(b)(xi) read with Section 3 of the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986 (as applicable in the State of Uttarakhand).

First Information Report was registered against the applicant on the basis of three FIRs. These FIRs are:-

(i) Case Crime No.222 of 2021, under Section 8/21/27A/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

(ii) Case Crime No.223 of 2021, under Section 8/21/27A/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

(iii) Case Crime No.20 of 2006 under Section 8 read with Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

Heard Mr. Vaibhav Singh Chauhan, learned counsel for the applicant and Mrs. Manisha Rana Singh, learned AGA for the State.

Mr. Vaibhav Singh Chauhan, Advocate, contended that the applicant has been granted bail in all the three cases. Two co-accused persons have been granted bail by this Court. Applicant – Smt. Gangesh Rani, aged about 62 years, is a permanent resident of District Haridwar, therefore, there is no possibility of her absconding as well, the charge-sheet has already been filed, and applicant is in judicial custody since 27.08.2021.

Mrs. Manisha Rana Singh, learned AGA for the State has opposed the bail application.

Present applicant has been granted bail in all the three cases. Two co-accused persons have been granted bail in the present matter. Therefore, at this stage, these circumstances give rise to a reasonable ground to presume that the applicant may not be held guilty of the alleged offence and there is nothing on record which may give rise to a reasonable apprehension that the applicant, aged about 62 years, is likely to commit any other offence, in case, she is released on bail.

The object of keeping the accused person in detention during the trial is not punishment. The main purpose is manifestly to secure the attendance of the accused.

Having considered the submissions of learned counsel for both the parties and in the facts and circumstances of the case, there is no reason to keep the applicant behind the bars for an indefinite period, therefore, without expressing any opinion as to the merit of the case, this Court is of the view that the applicant deserves bail at this stage.

The Bail Application is allowed.

Let the applicant – Smt. Gangesh Rani be released on bail on her executing a personal bond and furnishing two reliable sureties, each in the like amount, to the satisfaction of the court concerned with the following conditions :-

i) Applicant shall attend the trial court regularly and she will not seek any unnecessary adjournment;

ii) Applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of this case.

It is clarified that if the applicant misuses or violates any of the conditions, imposed upon her, Prosecution will be free to move the court for cancellation of bail.