Budhkuwar v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Criminal Misc. Petition No.280 of 2021 Budhkuwar, wife of Raju Pardhi, aged about 37 years, R/o Village Borsi, Police Chowki Kandarka, Police Station Berla, District Bemetara (C.G.) ---- Petitioner

Versus

State of Chhattisgarh, Through Zila Dandahikari, Janjgir, District Janjgir-Champa (C.G.) ---- Respondent ----------------------------------------------------------------------------------------------------- For Petitioner:

Mr. Manish Nigam, Advocate.

For Respondent:

Mr. Ravi Kumar Bhagat, Deputy Govt. Advocate. ----------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 16/03/2021

1. On due consideration, the order dated 18-9-2020 passed by this Court in M.Cr.C.No.5567/2020 is hereby recalled and instead thereof an entirely fresh / new order is being passed hereinbelow: -

2. A case in Crime No.251/2020 has been registered against the petitioner herein at Police Station Berla, Distt. Bemetara, for the offence punishable under Section 20(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985.

3. Case of the prosecution, in brief, is that 2 Kgs. of Ganja was recovered from the possession of the petitioner which she was possessing without authority of law.

4. Learned counsel for the petitioner submits that the petitioner has not committed any offence, she has falsely been implicated in the case, she has been arrested on 3-8-2020 and therefore

she may be released on bail. He further submits that the quantity of Ganja seized from the petitioner is more than small quantity.

5. On the other hand, learned State counsel opposes the prayer.

6. I have heard learned counsel appearing for the parties.

7. Taking into consideration the nature and gravity of offence, facts and circumstances of the case, pretrial detention of the petitioner and that the quantity of Ganja seized from the petitioner is slightly more than small quantity, I am of the opinion that present is a fit case in which the petitioner should be enlarged on regular bail.

8. It is directed that on 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 her appearance as and when directed, the petitioner shall be released on bail.

9. The petition is allowed to the extent indicated herein-above.

10. Copy of order be sent to concerned court by Email / fax. Sd/- (Sanjay K. Agrawal) Judge Soma