Lakhprit Kaur v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 929 of 2021 • Lakhprit Kaur, D/o Joga Singh, Aged About 23 Years, R/o A /1 Shanti Nagar Supela, P.S. Supela, District Durg Chhattisgarh. ---- Applicant

Versus

• State Of Chhattisgarh Through Station House Officer, Police Station: New Rajendra Nagar Raipur, District Raipur Chhattisgarh.

---- Respondent For Applicant : Mr. K.K. Dixit, Adv.

For Respondent/State : Mr. H.S. Ahluwalia, Dy. A.G.

Hon'ble Smt. Justice Rajani Dubey Order on Board 09.04.2021

1. The matter is heard through video conferencing.

2. The accused/applicant has moved this first bail application under Section 439 of Criminal Procedure Code for releasing her on regular bail during trial in connection with Crime No. 309/2020 registered at Police Station- New Rajendra Nagar Raipur, District Raipur (C.G.) for the offence punishable under Section 22 (B) of the N.D.P.S. Act.

3. The prosecution story, in brief is that, on the basis of information, police seized 3.13 gm cocaine from the possession of applicant. Thereafter, offence has been registered against the present applicant.

4. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the crime in question. He further submits that the seizing part of quantity of cocaine is doubtful according to weight panchnama and the quantity of seized contraband material is less than the commercial quantity, charge-sheet has already been filed and

there is no antecedent against the applicant and she is in jail since 09.12.2020, there is no likelihood of her case being decided in near future, therefore, the present applicant may be released on bail.

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

6. I have heard learned counsel for the parties and perused the records.

7. Taking into consideration the nature and gravity of the offence, facts and circumstances of the case, and further considering the facts that the quantity of seized contraband material is less than the commercial quantity, charge-sheet has already been filed and there is no antecedent against the applicant and she is in jail since 09.12.2020, trial is likely to take some time for its final disposal, this Court is of the view that it is a fit case to release the applicant on bail. Accordingly, the application is allowed.

8. Accused/applicant is directed to be released on bail on her executing a personal bond in the sum of Rs. 50,000/-, with one local surety in the like sum to the satisfaction of the trial Court. She is directed to appear before the trial Court on each and every date given to her by the said Court.

Sd/- (Rajani Dubey) Judge Ruchi