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High Court Of ChhattisgarhMCRC/1499/2019rejected

Sunita v. State Of Chhattisgarh

2019-03-14Hon'Ble Shri Justice Sharad Kumar Gupta1 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 1499 of 2019 Sunita W/o Ravindra Mohle Aged About 30 Years R/o Idgaon, Police Station - Parsivini, District Nagpur Maharashtra., District : Nagpur, Maharashtra.

---- Applicant

Versus

State Of Chhattisgarh Through Police Station - Kotwali, District - Bastar, Chhattisgarh., District : Bastar(Jagdalpur), Chhattisgarh. ---- Respondent For the Applicant :

Ms. Soniya Kuldeep, Advocate For the State :

Shri Arup Goyal, Panel Lawyer ----------------------------------------------------------------------------------------------- Hon'ble Shri Justice Sharad Kumar Gupta Order On Board /03/2019

1. This is the first bail application under Section 439 of the CrPC and there is no bail application is pending before any other Court.

2. Perused the case diary provided by the learned counsel for the State in connection with the Crime No.107/2018 registered at Police Station Kotwali, District Bastar (C.G.) for the offence punishable under Section 20(B) of NDPS Act.

3. Case of the prosecution, in brief is that on 15/03/2018 at about 16.30 hours in front of Vasu Hotel at Police outpost Bastar. Inspector G.R. Baghel posted at Outpost Bastar seized 86.130 Kgs. cannabis from the joint possession of the applicant and co-accused Irshad Ali and Ravindra.

4. Learned counsel for the applicant submitted that she is innocent and falsely implicated in the present case, therefore, she shall be released on bail. She further submitted that applicant is in jail since long back.

5. On the other hand, counsel for the State opposes the bail application. He further submitted that no criminal antecedents against the applicant.

6. Looking to the facts and circumstances of the case,looking to the huge quantity of the seized cannabis from the possession of the present applicant, this Court is not inclined to grant the benefit under Section 439 of CrPC to the applicant. Accordingly, bail application is rejected. However, trial Court is directed to expedite the trial and dispose of the case as soon as possible.

Sd/- (Sharad Kumar Gupta) Judge Kamde