Sunita Nishad v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 514 of 2020 • Sunita Nishad W/o Late Abhay Ram Nishad Aged About 37 Years Resident Of Lalkhadan Near Chokse Mod, P.S. Torwa, District Bilaspur Chhattisgarh, District : Bilaspur, Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through - Station House Officer, Police Station Torwa, District Bilaspur Chhattisgarh, District : Bilaspur, Chhattisgarh ---- Respondent -------------------------------------------------------------------------------------------- For Applicant : Shri Yogeshwar Sharma, Advocate For Respondent/State : Shri B.L. Sahu, Panel Lawyer -------------------------------------------------------------------------------------------- Hon'ble Smt.Justice Rajani Dubey Order On Board 09.03.2020 1.

Heard.

2.

This is the first bail application filed under Section 439 of the Cr.P.C. for grant of regular bail to the applicant, who has been arrested in connection with Crime No.152/2019, registered at Police Station Torwa, District Bilaspur(CG) for the offence punishable under Sections 21(c), 22(a) of the NDPS Act.

3.

It is the case of the prosecution that on 3.5.2019 on the information of the informant, the police has seized 166 Ampules Injection, 50 Nos. Avil Bottles, 76 Nos. Nitrojepam Tablets and 50 Nos. Syrings from the possession of the applicant. On the basis of above, offence has been registered and the applicant was arrested.

4.

Learned counsel for the applicant submits that the applicant has not committed any offence and she has been

falsely implicated in the crime in question. He submits that as the applicant is in custody since 3.5.2019 and the trial is likely to take some time for its final disposal, she may be released on bail.

5.

On the other hand, counsel for the State opposes the bail application.

6.

Considering the facts and circumstances of the case, in particular the nature of allegations against the applicant; the applicant is in jail since 03.05.2019, I am of the opinion that present is a fit case, in which, the applicant should be enlarged on regular bail.

7.

Accordingly, the application filed under Section 439 Cr.P.C. is allowed.

8.

It is directed that the applicant shall be released on bail on her furnishing a personal bond in sum of Rs.50,000/- with one surety in like sum to the satisfaction of the concerned trial Court for her appearance before the said Court as and when directed till the disposal of the trial. 9.

Certified copy, as per rules.

Sd/ (Rajani Dubey) JUDGE sunita