Beena Singh Rajput v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C.No.1518 of 2016 Beena Singh Rajput, wife of late Shri Punit Singh Rajput, aged about 45 years, Resident of Motipur, Ward No.3, P.S. Kotwali, Civil and Revenue District Rajnandgaon (CG) ---Applicant

Versus

State of Chhattisgarh, Through: The Station House Officer, Police Station, Chikhali, Civil and Revenue District Rajnandgaon (CG) ---Non-applicant For Applicant :

Mr. M.H.Beag, Advocate For Non-applicant :

Mr. Neeraj Sharma, Dy.G.A.

Hon'ble Shri Justice Sanjay K. Agrawal Order on Board 16/03/2016 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.132/2015, registered at Police Station-Chikhali, District-Rajnandgaon (CG), for the offence punishable under Section 20(B) of the NDPS Act. 2.

Case of the prosecution, in brief, is that the present applicant was found in possession of 1.400 kg. of contraband article ganja without any authority of law.

3.

Learned counsel for the applicant would submit that the applicant has not committed any offence and she has falsely been implicated in crime in question. He would further submit that the applicant is widow lady and her children are studying in the school. If the applicant would not be allowed on bail, educational career of her children is likely to

be suffered. She is in jail since 16.2.2016 and charge-sheet has already been filed.

4.

On the other hand, learned counsel for the State would oppose the bail application.

5.

I have heard learned counsel appearing for the parties and perused the case diary.

6.

Taking into consideration the facts & circumstances of the case, nature & gravity of the offence and quantity of ganja i.e. slightly more than small, this Court is of the opinion that present is a fit case, in which, the applicant should be enlarged on regular bail. 7.

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

8.

It is directed that the applicant shall be released on bail on her furnishing a personal bond in the 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.

9.

Certified copy as per rules.

Sd/- (Sanjay K. Agrawal) JUDGE B/-