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High Court Of ChhattisgarhMCRC/6567/2021allowed

Aarti Vishwakarma v. State Of Chhattisgarh

2021-09-24Hon'Ble Shri Justice Rajendra Chandra Singh Samant2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No. 6567 of 2021 Aarti Vishwakarma W/o Rajesh Vishwakarma Aged About 30 Years R/o VillageGadha Sainaka Road Near Hardaul Mandir Gadha Jabalpur, District- Jabalpur, Madhya Pradesh ---- Applicant

Versus

State Of Chhattisgarh Through - Police Station Basna, District Mahasamund, Chhattisgarh, ---- Non-Applicant For the Applicant:

Shri Priyank Rathi, Advocate.

For the Non-Applicant/State : Shri Ajay Kumrani, Panel Lawyer. Hon'ble Shri Justice Rajendra Chandra Singh Samant Order on Board 24.09.2021 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.213/2021 registered at Police Station - Basna, District - Mahasamund, 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 29.04.2021 and has been falsely implicated in this case. The investigation is pending. Hence, it is prayed that the Applicant may be enlarged on bail.

3.

On the other hand, learned Counsel for the State opposed the bail application.

4.

Heard Counsel for both the parties and perused the case diary.

5.

According to the prosecution case, 6 kgs of ganja was seized from the possession of the co-accused person when the same was being transported by them on motorcycle. Hence, this case. 6.

Considering the submissions and the facts present in this case, it appears that the present Applicant does not have any criminal antecedents, charge sheet has been filed and the trial of the case is likely to take sometime for its conclusion, I feel inclined to grant regular bail to the Applicant.

7.

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

8.

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 trial Court for her appearance before the said Court as and when directed. In case any default is committed by the Applicant in appearing before the concerned trial Court, this order granting bail shall stand cancelled automatically. Sd/- (Rajendra Chandra Singh Samant) Judge Priya