High Court Of ChhattisgarhMCRC/2112/2019allowed

Smt. Anupa Soni v. State Of Chhattisgarh

2019-04-08Hon'Ble Shri Justice Sharad Kumar Gupta1 pages

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2112 of 2019 • Smt. Anupa Soni S/o Late Shri Gautam Soni Aged About 36 Years R/o Shital Para Ramwabhata, Khamtari, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through Police Station Khamtarai, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh ---- Non-applicant For Applicant : Mr. Pragalbha Sharma, Advocate.

For Non-applicant : Mr. Washim Miyan, Panel Lawyer Hon'ble Shri Justice Sharad Kumar Gupta Order On Board 08.04.2019 1.

This is first bail application under Section 439 of the Cr.P.C. preferred by the applicant before this Court and no other bail application is pending before any other Court.

2. Perused the case diary provided by the learned counsel for the State in connection with crime No. 106/2019 registered at Police Station - Khamtarai, District Raipur (C.G.) for the offence punishable under Section 20(b) of the NDPS Act.

3. Case of the prosecution, in brief is that on 02.03.2019 at about 21:30 hours at Sitlapara, Rawanbhata ASI JS Mandavi posted at police station Khamtarai seized 2 kg from the possession of the applicant.

4. Learned counsel for the applicant submits that the applicant has no criminal background. She is innocent and has been falsely implicated in the present case, therefore, she shall be released on bail.

5. On the other hand, learned counsel for the State opposes the bail application, and submits that two other criminal cases under NDPS act have been registered against the applicant.

6. Looking to these facts and circumstances of the case, looking to the fact that there is no likelihood of the accused to abscond and tamper the evidence, It is directed that if the applicant furnishes two solvent sureties for a sum of Rs.25,000/- each along with a personal bond of Rs. 50,000/- to the satisfaction of the concerned Trial Court with the condition that she will not involve in any crime in future, she will appear before the Trial Court at 11:00 am as and when directed till trial and she would cooperate during the trial, she shall be released on bail.

7. Certified copy as per rules.

Sd/- (Sharad Kumar Gupta) JUDGE kishore