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IN THE HIGH COURT OF JHARKHAND AT RANCHI

Criminal Appeal (D.B.) No.868 of 2023

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Naina Kumari @ Naina Devi aged about 36 years W/o

Pankaj Kumar, R/o Village-Siyon Nagar, Korha Toli, Kokar,

P.O. & P.S. – Sadar, District – Ranchi (Jharkhand).

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Appellant

Versus

The State of Jharkhand

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Respondent

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CORAM:HON’BLE MR. JUSTICE SUJIT NARAYAN PRASAD

HON’BLE MR. JUSTICE NAVNEET KUMAR

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For the Appellant

: Mr. Kripa Shankar Nanda, Advocate

For the Respondent

: Mr. Abhay Kumar Tiwari, A.P.P.

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Order No. 08/Dated 28^th 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.

2.

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.

3.

It has been contended that one of the female child,

i.e., Damini, who has been claimed by the appellant that

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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.

4.

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.

5.

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.

6.

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.

7.

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

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also come in the case diary in the statement of the said girl,

namely, Damini.

8.

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.

9.

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.

10.

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.

11.

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.

12.

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.

13.

In consequence thereof, the appellant named above,

is directed to be released on bail on furnishing bail bo