Asha Mahant v. State Of Chhattisgarh

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 4710 of 2018 • Asha Mahant W/o Shri Sagar Das Mahant, Aged About 35 Years, R/oRatakhar, Atal Awas, Korba, District- Korba, Chhattisgarh., District : Korba, Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through- Station House Officer, Police Station Kotwali, Korba, District- Korba, Chhattisgarh., District : Korba, Chhattisgarh ----Non-applicant For Applicant - Shri Vinod Kumar Tekam, Advocate. For Non-applicant/State - Shri N.K. Mehta, Panel Lawyer. Hon'ble Shri Justice Rajendra Chandra Singh Samant Order on Board 24-07-2018 1.

Heard on the application filed under Section 439 of the Cr.P.C. This is first bail application before this Court filed by the applicant for grant of regular bail. The applicant has been arrested on 15-06-2018 in connection with Crime No.397/2018 registered at P.S. - Kotwali Korba, District- Korba, Chhattisgarh for the offence under Section 20(B) of the N.D.P.S. Act. 2.

It is submitted on behalf of the applicant that the applicant has been falsely implicated in this case. She is in jail since 15-06-2018. No case is made out against her. The applicant is local resident of District Korba and she is ready to abide by all the conditions to be imposed on grant of bail. Hence, it is prayed that the applicant may be granted regular bail. 3.

Learned counsel for the State/non-applicant opposes the application submitting that this applicant is having criminal history of having been prosecuted for the offence of similar nature, hence, the application may be rejected.

4.

Heard learned counsel for the parties and perused the case diary.

-25.

1.3 kg. Ganja has been seized from the possession of this applicant which was kept in her house. Hence, this case. 6.

Considering on the material present in the case diary and the facts that the applicant is local resident and no purpose would be served if she is kept in continuous detention, I feel inclined to grant regular bail to this applicant. 7.

Consequently, this application filed by the applicant under Section 439 of the Cr.P.C. for grant of regular bail is hereby allowed. It is directed that the applicant shall be released on bail on her furnishing a personal bond in the sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned Court, for her appearance as and when directed. 8.

Certified copy as per rules.

Sd/- (Rajendra Chandra Singh Samant) Judge Aadil