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High Court Of ChhattisgarhMCRC/3909/2019allowed

Rekha Markam v. State Of Chhattisgarh

2019-07-24Hon'Ble Shri Justice Rajendra Chandra Singh Samant2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No. 3909 of 2019 Rekha Markam W/o Bijesh Markam Aged About 23 Years R/o Dewarpara, Kawardha, Ps Kawardha, Revenue And Civil District Kabirdham Chhattisgarh., District : Kawardha (Kabirdham), Chhattisgarh. ---- Applicant

Versus

State Of Chhattisgarh Through Police Station Kawardha, District Kabirdham Chhattisgarh., District : Kawardha (Kabirdham), Chhattisgarh. ---- Respondent For the Applicant :

Shri Dinesh Tiwari, Advocate.

For the Respondent/State :

Shri Adil Minhaj, P.L.

Hon'ble Shri Justice Rajendra Chandra Singh Samant

ORDER

24.07.2019 Heard.

1.

This is the first bail application filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to the applicant who has been arrested in connection with Crime No.238 of 2019, registered at Police Station - Kawardha, District - Kabirdham, Chhattisgarh for the offence punishable under Section 20(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985.

2.

Learned counsel for the applicant submits that the applicant is in jail since 18.5.2019 and has been falsely implicated in this case. No case is made out against the applicant on the basis of the material placed before the Court by the prosecution. The applicant is a local resident of Kawardha. Hence, for these reasons, it is prayed that the applicant be enlarged on bail.

3.

On the other hand, learned counsel for the State opposes the bail application and the submissions made in this respect. 4.

Heard counsel for both the parties and perused the case diary. 5.

2.55 kg of ganja has been seized from the possession of this applicant. Hence, this case.

6.

Presently, the charge-sheet has been filed before the Court and the case is pending for trial. Considering the fact that the applicant is a local resident of P.S. Kawardha and there shall be no difficulty in her availability during trial and the trial of the case is likely to take some time for its final disposal, I feel inclined to grant bail to the applicant in this case. 7.

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

8.

It is directed that applicant shall be released on bail 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 trial Court, for her appearance as and when directed. In case any default is committed by the applicant/s in appearing before the concerned trial Court, this order granting bail shall stand cancelled automatically.

Sd/- (Rajendra Chandra Singh Samant) Judge Nimmi