G. Sarojani v. State Of Chhattisgarh

Page No.1 HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 1225 of 2018 • G. Sarojani W/o G. Samaiya Reddy, aged about 45 years, R/o VillageGanesh Mandir, Telgu Mohalla, Near Shitala Mandir, Khursipar, P. S.- Khursipar- Distt.-Durg (Chhattisgarh).

---- Applicant

Versus

• State Of Chhattisgarh Through- S. H. O. Police Station- Police StationKhursipar, District- Durg (Chhattisgarh). ---- Respondent _____________________________________________________________ For Applicant :

Ms. Indra Tripathi, Advocate.

For Respondent/State :

Mr. Anant Bajpai, Panel Lawyer.

------------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Rajendra Chandra Singh Samant Order On Board 20/04/2018

1. This is the first bail application filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to the applicant who has been arrested in connection with Crime No.287/2017 registered at Police Station- Khursipar, District- Durg (C.G.) for the offence punishable under Sections 20(B), 31 of Narcotics Drugs and Psychotropic Substance Act (as per charge sheet).

2. Learned counsel for the applicant submits that applicant is innocent and has been falsely implicated in this case. After completion of investigation, charge-sheet has been filed. Applicant is in jail since 23.10.2017. No case is made out against this applicant. Hence, it is prayed that applicant be enlarged on regular bail.

3. Learned State counsel opposes the bail application and submissions made in this respect.

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4. Heard both the parties and perused the case diary.

5. According to the prosecution case on a search made in the house of this applicant, 7.300 kg ganja (narcotic substance) was found in possession of the applicant, which was seized and case was registered against the applicant. Hence, this case.

6. Considered on the entire material present in the case diary, applicant is a local resident of District- Durg and subsequent to filing of chargesheet, it appears that no requirement of any detention in jail of the applicant till the conclusion of trial, for this reason, I am of this view that this is a fit case where applicant should be enlarged on regular bail.

7. Accordingly, the bail application filed under Section 439 of Cr.P.C. is allowed. It is directed that the applicant shall be released on bail on her furnishing a personal bond for a sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court, for her appearance as and when directed.

Sd/- (Rajendra Chandra Singh Samant) Judge Amita