Ganga Bai v. The State Of Chhattisgarh

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 4369 of 2019 • Ganga Bai W/o Kedarnath Verma, Aged About 70 Years, R/o Village Ufra, Police Chauki- Kandarka, Thana Berla, District- Bemetara, Chhattisgarh., District : Bemetara, Chhattisgarh ---- Applicant

Versus

• The State Of Chhattisgarh Through Police Station- Berla, DistrictBemetara, Chhattisgarh., District : Bemetara, Chhattisgarh ----Non-applicant For Applicant - Shri Samir Singh, Advocate. For Non-applicant/State - Shri Jitendra Shukla, Panel Lawyer. Hon'ble Shri Justice Rajendra Chandra Singh Samant Order on Board 14-08-2019 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 13-06-2019 in connection with Crime No.180/2019 registered at P.S. - Out Post - Kandarka, Thana - Berla, District Bemetara, Chhattisgarh for the offence under Section 20(B) of Narcotic Drugs and Psychotropic Substances Act (in short '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 13-06-2019. The applicant is 70 years old woman and she has not committed any offence. Therefore, it is prayed that this applicant may be granted bail. 3.

Learned counsel for the State/non-applicant opposes the application submitting that this applicant has criminal history of being involved in criminal activities and for that reason she has been proceeded against six times under various provisions of the IPC, the Cr.P.C. and the N.D.P.S. Act. Therefore, the application may be rejected.

4.

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

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Police personnel of Out Post - Kandarka, Thana Berla, District Bemetara, made seizure of 1.800 kg. Ganja from the possession of this applicant. Hence, this case.

6.

Considering the facts that the applicant is old aged woman and she is local resident of Village Berla, District Bemetara and her availability for the trial can be ensured, therefore, I feel inclined to allow this application. 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