NGULKHOLIEN KHONGSAI Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) Heard Ms. K. Chisa, learned counsel for the petitioner who has submitted that this application under Sec. 439 Cr.P.C has been filed seeking bail on behalf of the accused, Smti. Kimneikhol Khongsai, who was arrested in connection with Khliehriat P.S. Case No. 65(7) of 2022 under Sec. 21(c)/29 of the NDPS Act.

(2.) It is also the submission of the learned counsel that the case has been charge sheeted since the month of December, 2022, however, till date, not a single witness has been examined by the prosecution. Another ground raised by the learned counsel is that the accused is undergoing treatment at North Eastern Indira Gandhi Regional Institute of Health and Medical Sciences (NEIGRIHMS) with regard to a case of removal of an implant on her left arm, however, the accused person as well as her relatives are not comfortable with the treatment accorded at NEIGRIHMS, Shillong, but would insist that she be treated at Valley Hospital, Silchar, Assam, where she was all along getting her regular treatment therein. On these two limited points, the learned counsel has made a prayer that this application for bail may be considered with any conditions as deem fit and proper to be imposed by this Court.

(3.) Per contra, Mr. N.D. Chullai, learned AAG appearing on behalf of the State respondents, has strenuously opposed the prayer made for grant of bail on the ground that the reason given by the accused on account of her medical treatment cannot be accepted since this Court vide order dtd. 17/10/2023 passed in BA. No. 49 of 2023 involving the same accused person, who has also filed a similar bail application resulting in the passing of the said order by this Court and in which order, this Court has taken into consideration the medical situation of the accused person, and has opined that as far as the medical treatment is concerned, the facilities at NEIGRIHMS are equally suitable to treat the accused person and on such basis, the bail application has been rejected.