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High Court Of ChhattisgarhMCRC/4525/2018allowed

Kumari Sajita Anant v. State Of Chhattisgarh

2018-07-16Hon'Ble Shri Justice Rajendra Chandra Singh Samant2 pages

HIGH COURT OF CHHATTISGARH, BILASPUR M.CR.C. No. 4525 of 2018 Kumari Sajita Anant, D/o. Tamesh Anant, Aged About 19 Years, R/o. Village - Tanda, Police Station Kota, District Bilaspur Chhattisgarh. ---- Applicant

Versus

State Of Chhattisgarh, Through Police Station Pali, District Korba Chhattisgarh.

---- Respondent For Applicant :

Mr. Lalit Jangade, Advocate For Respondent :

Mr. Ashok Swarnakar, Panel Lawyer ------------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Rajendra Chandra Singh Samant Order On Board 16/07/2018 1.

This is the first bail application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicant who has been arrested in connection with Crime No. 159/2018, registered at Police Station- Pali, District - Korba (C.G.) for the offence punishable under Section 20-B of the N.D.P.S. Act.

2.

Learned counsel for the applicant submits that the applicant has been falsely implicated in this case. Applicant is in jail since 13.06.2018. No case is made out against him on the basis of the material present in the charge-sheet. The applicant is local resident of District Bilaspur and is ready to abide by all the conditions imposed upon her while enlarging her on bail. Hence, it is prayed that the applicant may be enlarged on bail.

3.

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

4.

I have heard the learned counsel for the parties and perused the documents placed on record.

5.

On a search made by the police personnel of Police Station - Pali, District - Korba total 1.6 Kg. of Ganja was recovered and seized from the possession of this applicant. Hence, this case. 6.

Considered the submissions made and the contents of the case diary. Considering on all the material present in the charge-sheet and further taking into consideration this fact that this applicant is resident of District Bilaspur, no purpose would be served, if she is kept in detention till the conclusion of trial, hence for this reason, this Court is of the opinion that present is a fit case, in which, the applicant should be enlarged on regular bail.

7.

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

8.

It is directed that the applicant shall be released on bail on her furnishing a personal bond for a 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.

Certified copy as per rules.

Sd/- (Rajendra Chandra Singh Samant) Judge Balram