Naina Kumari @ Naina Devi v. The State of Jharkhand

: Mr. Kripa Shankar Nanda, Advocate : Mr. Abhay Kumar Tiwari, A.P.P. Order No. 08/Dated 28th July, 2023 ------ The instant appeal filed under Section 21(4) of the National Investigation Agency Act, 2008 is directed against the order dated 21.03.2023 passed by learned Judicial Commissioner, Ranchi in B.P.No.352 of 2023 whereby and whereuner the prayer for regular bail in connection with A.H.T.U. P.S. Case No.08/2022 dated 24.06.2022 registered under Section 370 of the Indian Penal Code, has been rejected.

It has been contended on behalf of the appellant that the F.I.R has been instituted at the behest of one NGO, i.e., Bachpan Bachao Aandolan, basis upon which the investigation has proceeded but no culpability has been surfaced as yet, even though the chargesheet has been submitted.

It has been contended that one of the female child, i.e., Damini, who has been claimed by the appellant that 2 she was with her since the childhood and was being taken care of even by imparting good education. But, the said NGO, on the instigation of her present husband, has implicated the appellant in this case.

The submission has been made that two other children, who happen to be the own children of the appellant, have also been shown to be subjected to trafficking.

Learned counsel for the appellant has submitted that the appellant is in custody since 11.01.2023 and chargesheet has already been submitted and, as such, there is also no question of coming in the way of investigation or tampering with the evidence.

Learned counsel for the appellant, in the aforesaid premise, has submitted that the order impugned dated

21.03.2023 may be interfered with by directing the appellant to be released on bail.

While on the other hand, Mr. Abhay Kumar Tiwari, learned Additional Public Prosecutor, appearing for the State, has submitted that the present husband of the appellant has stated before the police that since the appellant is found to be involved in her previous illegal act of trafficking of the child and, as such, one divorce case has been filed before the competent court of jurisdiction. According to the learned counsel for the State, this fact has 3 also come in the case diary in the statement of the said girl, namely, Damini.

Learned counsel for the State, on the aforesaid premise, has submitted that specific culpability has been surfaced in course of investigation, therefore, the impugned order may not be interfered with.

This Court has heard learned counsel for the parties and has gone across the case diary wherefrom it is evident that the version of the husband is of filing of a divorce case against the appellant on the ground of her alleged involvement in the trafficking of the child.

It further appears that the Investigating Officer has recorded the statement of one of the female child who was said to be with the appellant since the childhood, but, we found no incriminating version.

This Court, after taking into consideration the aforesaid fact coupled with the fact that the chargesheet has already been submitted, deems it fit and proper to interfere with the order dated 21.03.2023.

Accordingly, order dated 21.03.2023 passed by learned Judicial Commissioner, Ranchi in B.P.No.352 of 2023, is hereby quashed and set aside.

In consequence thereof, the appellant named above, is directed to be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand only) with two sureties of 4 the like amount each to the satisfaction of learned Chief Judicial Magistrate, Ranchi in connection with A.H.T.U. P.S. Case No.8/2022, subject to the condition that the appellant will furnish undertaking extending cooperation in the trial and in case of any deviation, the learned court is at liberty to pass order in accordance with law so that the trial may not get hindered in any manner.