Anusuiya Dora v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 1252 of 2021 • Anusuiya Dora W/o Simanchal Dora, Aged About 34 Years R/o - Kansamari, Police Station Kansamari, District - Ganjam, (Odisha) ---- Applicant

Versus

• State of Chhattisgarh Through - Station House Officer, Police Station GRP Bhilai, District - Durg Chhattisgarh.

---- Respondent For Applicant :

Shri Avinash Chand Sahu, Advocate.

For Respondent-State :

Shri Ashish Tiwari, Government Advocate.

Hon'ble Shri Justice Rajendra Chandra Singh Samant , Judge Order on Board 23.06.2021 1.

Heard on the application filed under Section 439 of Cr.P.C. This is the first bail application filed for grant of regular bail. The Applicant has been arrested on 04.11.2020 in connection with Crime No. 75/2020 registered at Police Station GRP Bhilai, District - Durg (C.G.) for offence punishable under Sections 20(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985.

2.

It is submitted by the learned counsel for the Applicant that the Applicant has been falsely implicated in this case. The Applicant is in jail since 04.11.2020. Charge-sheet has been filed and the trial against him is not making any progress, therefore, it is prayed that the Applicant may be enlarged on bail. 3.

The learned counsel for the State opposes the application and submits that the Applicant is resident of Odisha therefore, in this case she may not be available for the trial, hence the application may be rejected. 4.

I have heard the learned counsel for the parties and perused the record. 5.

According to the prosecution case, the seizure of 10 Kg. cannabis was made from the possession of the Applicant, when she was present in the

Railway Station at Durg, hence this case.

6.

Considered on the submissions. The Applicant is in jail since 04.11.2020 and the trial is not making any progress because of the current pandemic situation hence, for these reasons, I am inclined to allow this bail application. 7.

Consequently, the application filed by the Applicant under Section 439 of Cr.P.C for grant of regular bail is hereby allowed. 8.

It is directed that the Applicant shall be released on bail on his furnishing a personal bond in the sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned Court, for his appearance as and when directed.

Certified copy as per rules.

Sd/- (Rajendra Chandra Singh Samant) Judge Hem