Gauhati High Court
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GAHC010213892021
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln./3538/2021
MISS BOICHY KUKI @ HESHY AND ANR
D/O LATE SOTHANG KUKI
VILL- HENJOL, .S. CHURACHADPUR
DIST. CHURACHADPUR,
STATE- MANIPUR.
2: MISS KIMBOI KUKI @ NEIMOIKIM KIPGEN
D/O LATE KHOLHORMANG KUKI
VILL- SOGPI NEW BAZAR
P.S. CHURACHADPUR
DIST. CHURACHADPUR
STATE- MANIPU
VERSUS
THE STATE OF ASSAM
REP. BY THE PP, ASSAM
Advocate for the Petitioner : MS. A. MEDHI
Advocate for the Respondent : PP, ASSAM
BEFORE
HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI
ORDER
29.04.2022
Heard Ms. A. Medhi, learned counsel for the petitioners, namely, 1. Miss Boichy Kuki @
Heshy and 2. Miss Kimboi Kuki @ Neimoikim Kipgen, who have filed this bail application
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under Section 439 of the CrPC praying for bail in connection with Special N.D.P.S. Case No.
44/2021 arising out of Palashbari P.S. Case No. 379/2021 under Sections 21(c) / 22(c) / 29 of
the NDPS Act.
2. The petitioners were arrested on 05.06.2021.
3. Pursuant to the order of this Court, the scanned copy of the case records has been
transmitted to this Court.
4. The primary contention on behalf of the petitioners is that the petitioner no. 2 is
suffering from serious ailment and diagnosed with Cancer. Under those circumstances, this
Court on a number of occasions had asked for the medical report of the health of the
petitioner no. 2. The medical examination was done and reports were called for. Vide a
forwarding letter dated 19.04.2022 issued by the learned Special Judge, Kamrup to the
Registry of this Court, it has been stated that DTPA-Renal Scan report was done on
29.03.2022. As per the said report dated 19.04.2022, the Medical and Health Officer-1,
Central Jail, Guwahati has certified that on 29.03.2022, the petitioner had undergone DTPA-
Renal Scan and at present her vital parameters are within normal limits.
5. At this stage, the learned counsel has placed reliance upon a judgment in the case of
Jasvinder Singh Vs. State of J & K in which the Hon'ble Jammu & Kashmir High Court
vide order dated 12.04.2021 has considered granting of bail to the petitioner, who are having
various medical problems including blood sugar level of 422 mg%.
6. The learned counsel accordingly submits that following the decision of the Hon'ble
Jammu & Kashmir High Court, the petitioner no. 2 may also be released on bail to give her
opportunity to avail better medical treatment.
7. On the other hand, Shri BB Gogoi, learned Additional Public Prosecutor, Assam submits
that since the present status report states that vital parameters of the petitioner no. 2 are
within normal limit, there should not be any question of enlarging her on bail at this stage.
8. After hearing the parties and on perusal of the materials on records, in the present
case, the contraband is a commercial quantity wherein the petitioners has been directly
implicated. Further, Section 37 of the NDPS Act lays down that before granting a bail, the
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relevant factors are that the Court should come to a satisfaction that prima facie the
petitioners are not guilty of the offence and also the petitioners have to satisfy the Court that
in case bail is granted, he is not likely to commit further offence. This Court is of the opinion
that the report dated 19.04.2022 having categorically stated that the present vital parameters
of the petitioner no. 2 are within normal limits and since as and when required the petitioner
no. 2 has been given proper medical treatment and accordingly, the prayer for bail at the
present stage is rejected.
9. The petitioner no. 2 however at liberty to move for bail in case of any deterioration of
her health which would be considered on its own merits.
10. It is needless to state that as and when required the petitioner no. 2 would be offered
necessary medical treatment.
11. The present petition is accordingly rejected.
JUDGE
Comparing Assistant
