← Library
High Court Of ChhattisgarhMCRC/3869/2018allowed

Smt. Sushila And ANR. v. State Of Chhattisgarh

2018-07-16Hon'Ble Shri Justice Ram Prasanna Sharma2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Misc. Criminal Case No.3869 of 2018

1. Smt. Sushila W/o Laxmichandra Dhuru Aged About 50 Years (Wrongly Mention In Impugned Order 22 Years), R/o Village Thakurpara Ward No. 07 Takhatpur Police Station Takhatpur District Bilaspur, Chhattisgarh.

2. Rani Dhuru D/o Late Laxmichandra Dhuru Aged About 22 Years R/o Village Thakurpara Ward No. 07 Takhatpur Police Station Takhatpur District Bilaspur, Chhattisgarh.

---- Applicants

Versus

• State Of Chhattisgarh Through Police Station Takhatpur District Bilaspur, Chhattisgarh.

---- Respondent For Applicants : Shri Amit Kumar, Advocate For respondent/State : Shri Sameer Behar, Panel Lawyer Hon'ble Shri Justice Ram Prasanna Sharma Order On Board 16.7.2018 1.

This is the first bail application filed under Section 439 of the Code of Criminal Procedure, for grant of bail to the applicants who have been arrested on 22.4.2018 in connection with Crime No.139/2018, registered at Police Station Takhatpur, DistrictBilaspur(CG) for the offence punishable under Sections 21, 22 & 20b of Narcotic Drugs and Psychotropic Substances Act, 1985. 2.

As per the case of the prosecution, the applicants were in joint possession of 2 kg of ganja (cannabis), 100 Nitrosun tablets, 150 rexogin injections and 25 avil ampoule.

3.

Learned counsel for the applicant submits that the applicants are innocent, they have been falsely implicated, the

trial will take sufficient time to conclude, therefore they may be enlarged on bail.

4.

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

5.

I have heard learned counsel for the parties and perused the case diary.

6.

Considering the quantity as alleged to be seized from the appellants and further considering the facts that they are in custody since 22.4.2018, without further commenting on the merits of the case, I am inclined to allow the application. 7.

Accordingly, application filed under Section 439 of the CrPC is allowed. It is directed that the applicants shall be released on bail on their furnishing a personal bond in the sum of Rs.25,000/- each with one local surety in the like amount to the satisfaction of the concerned trial Court. They shall appear before the trial Court regularly on each and every date, unless exempted from appearance.

Sd/- (Ram Prasanna Sharma) JUDGE Bini