Smt. Usha Dhuri v. State Of Chhattisgarh

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6156 of 2017 Smt. Usha Dhuri W/o Karan Dhuri, Aged About 40 Years R/o Makeshwar Ward Dhamtari, District Dhamtari Chhattisgarh.

---- Applicant

Versus

State Of Chhattisgarh Through The Station House Officer, Police Station City Kotwali, District Dhamtari Chhattisgarh.

---- Respondent For Applicant :

Shri P.P. Sahu, Advocate For State :

Shri Satish Gupta, Govt. Advocate S.B. Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 27/11/2017 Heard.

1. The applicant is arrested in connection with Crime No.351 of 2017 registered in Police Station- City Kotwali, District- Dhamtari (C.G.) for alleged commission of offence under Section 20 (B) of the NDPS Act.

2. Case of the prosecution is that from the possession of the applicant, 1.5 kg. of ganja was recovered.

3. Learned counsel for the applicant would submit that the applicant is innocent. She is house lady and on certain suspicion, she is being harassed by the police by registering cases one after the other. He would further submit that as the investigation is complete and charge sheet has been filed, the applicant may now be granted bail.

4. On the other hand, learned counsel for the State opposed the bail application and submitted that the applicant has criminal antecedent. Earlier also, against her two cases of NDPS Act and two cases relating to Excise Act has been registered which shows that the applicant is habitual offender and in the event of grant of bail, liberty is likely to be misused.

5. Taking into consideration the submissions made by learned counsel for the

-2parties, considering the quantity of ganja alleged to be seized and the emphatic statement of learned counsel for the applicant that charge sheet has been filed, the application is allowed.

6. It is directed that the applicant shall be released on bail on her furnishing a personal bond in the sum of Rs.25,000/- along with one local surety for the like amount to the satisfaction of the concerned trial Court, with following further conditions:

(i) The applicant shall not act in any manner which will be prejudicial to fair and expeditious trial; and (ii) The applicant shall appear before the trial Court on each and every date given to her by the said Court till disposal of the trial.

7. If the applicant is again found involved in commission of offence of similar nature, the State would be at liberty to apply for cancellation of bail. Certified copy as per rules.

Sd/-/-- (Manindra Mohan Shrivastava) Judge Praveen