BAIL APPLN./35/2019 of ESTER VUNGHEINUAM @ EASTER Vs STATE OF MANIPUR on 20 December 2019

IN THE HIGH COURT OF MANIPUR AT IMPHAL

Bail Appln.No.35 of 2019

Mrs. Ester Vungheinuam @ Esther, aged about 22 years, w/o of Paopu Ngaite of Moreh Ward No.1 near Ganam Ground at present Mantripukhri Vaiphei Veng, District Imphal East, P.O. Mantripukhri, P.S. Heingang, Manipur.

State of Manipur & 4 Ors.

.... Respondent/s

BEFORE HON’BLE MR. JUSTICE MV MURALIDARAN

20.12.2019

[1] The petitioner who is the accused No.3 in this case has approached this Court and file this bail petition seeking for releasing the accused/petitioner on bail during the pendency of FIR No.43(6) 2018 NAB PS U/s 22/(b)/22(C)/25/29/60(3) ND& PS Act & 27 Arms Act.

[2] The case of the petitioner is that on 19.06.2018 at around 4:05 the informant of the case received a report that the present petitioner and another accused namely, Mr. Mung Zou @ Aric are stocking illegal drugs like Heroine No.4 and WY in the house of Sian Zathang. The informant led by the SP/NAB and the source man and the source man rushed to the spot and at around 4:40 pm and on conducting the house handed over a large consignment of contraband drugs to one Thangminlen Zou through the present petitioner/accused. And during the search of the house the informant recover 200 Nos. of WY from the hand bag of one Mrs. Teresa @ Nengboi Ngaite. And thereafter, the present accused was arrested by the personnel of the NAB P.S. The petitioner was arrested on the same day and from that day onwards she is in judicial custody.

[3] Today, I heard Mr. Y. Ashang, learned PP and Mr. L. Seityandra, learned counsel for the petitioner.

[4] The petitioner also submits that she is married women having two minor children. The petitioner’s husband is also one of the accused in this case and he is also in judicial custody till date. Therefore, both the minor children without their parents are suffering for their livelihood. The petitioner also stated that he is in judicial custody for more than one years. Therefore, the petitioner prayed the bail may be considered.

[5] Mr. Y. Ashang, learned PP strongly opposing for granting of bail of the petitioner and her husband because of the involvement of the petitioner and the offence is also serious in nature.

[6] Though the offence is serious in nature and the contraband is huge in quantity, the petitioner cannot claim for bail because of having two minor children. Though Mr. Y. Ashang, learned PP informed this Court that charge sheet is already filed and admittedly, the petitioner is arrested on 19.06.2018 and she is in judicial custody for more 1(one) years is recorded.

[7] Apart from this, charge sheet is also filed before the concerned court and case is pending for trial. The petitioner stated that though the petitioner and her husband are arrested in this case and both of them are in judicial custody and 2(two) minor children are suffering without parents, she may be considered for granting of bail for the welfare of two minor children.

[8] Therefore, I am inclined to consider only on the ground that the petitioner is in judicial custody from 19.06.2018 and also having two minor children who are living without their parents.

[9] Therefore, I inclined to grant bail to the petitioner on the following condition:

(a) The bail petition is allowed.

(b) The petitioner is released on bail by directing to execute two sureties to the like sum of Rs. 50,000/- each to the satisfaction of Special Court ND & PS, Manipur. 50,000/- each to the satisfaction of Special Court ND & PS, Manipur.

(c) The petitioner is directed to report before the court once in a week.

Issue copy to both the parties.

JUDGE

John Kom

WAIKHDigitally signed by OM WAIKHOM TONEN MEITEI TONEN Date: 2019.12.20 MEITEI15:16:04 -08'00'