Sumira Patel v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 1879 of 2020 • Sumira Patel W/o Rajesh Patel Aged About 36 Years R/o Parasdiha, Police Chowki Wadrafnagar, Police StationBasantpur, District- Balrampur Ramanujganj, Chhattisgarh, District : Balrampur, Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through The Station House OfÏcer, Police Chowki Wadrafnagar, Police Station- Basantpur, District-Balrampur Ramanujganj, Chhattisgarh, District : Balrampur, Chhattisgarh ---- Respondent ------------------------------------------------------------------------------------- For Applicant : Shri Hariom Rai, Advocate For Respondent/State : Shri Ayaj Naved,Govt. Advocate ------------------------------------------------------------------------------------- Hon'ble Smt.Justice Rajani Dubey Order On Board 13.05.2020 1.

Heard.

2.

This is the first bail application filed under Section 439 of the Cr.P.C. for grant of regular bail to the applicant, who has been arrested in connection with Crime No.25/2020, registered at Police Station Basantpur, District BalrampurRamanujganj(CG) for the offence punishable under Sections 20 (B), 21-B of the N.D.P.S. Act, 1985.

3.

It is the case of the prosecution that on 27.2.2020 on the secret information, police has seized 2 kg Ganja (cannabis) and one cartoon Onerex cough syrup, about 40 bottles from the house of the applicant. On the basis of above, offence has been registered and the applicant was arrested. 4.

Learned counsel for the applicant submits that the applicant has been falsely implicated in the crime in

question and mandatory provisions of the N.D.P.S. Act have not been complied with. He further submits that the applicant alone is not residing in the house. He submits that as the applicant is in custody since 28.2.2020 and the trial is likely to take some time for its final disposal, she may be released on bail.

5.

On the other hand, counsel for the State opposes the bail application.

6.

Perused the entire material available on record. 7.

Considering the facts and circumstances of the case, in particular the nature of allegations against the applicant and detention period of the applicant, I am of the opinion that present is a fit case, in which, the applicant should be enlarged on regular bail.

8.

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

9.

It is directed that the applicant shall be released on bail on her furnishing a personal bond in sum of Rs.50,000/- with one surety in like sum to the satisfaction of the concerned trial Court for her appearance before the said Court as and when directed till the disposal of the trial. 10.

Certified copy, as per rules.

Sd/ (Rajani Dubey) JUDGE sunita