Gulab Bai Gendle v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Misc. Criminal Case No.4135 of 2017 • Gulab Bai Gendle W/o Late Parmanand Gendle, Aged About 28 Years R/o Ward No. 11, Bilha, Thana Bilha, Civil & Revenue District Bilaspur, Chhattisgarh.

---- Applicant

Versus

• State Of Chhattisgarh Through The Police Station Bilha, Civil & Revenue District Bilaspur, Chhattisgarh.

---- Respondent For Applicant : Shri Punit Ruparel, Advocate For Respondent/State : Shri Sumit Jhawar, Panel Lawyer Hon'ble Shri Justice Chandra Bhushan Bajpai Order On Board 28.7.2017 Heard the matter finally.

2.

This is an application filed under Section 439 of the Cr.P.C. for grant of regular bail to the applicant, who has been arrested in connection with Crime No.124/2017 registered in Police Station Bilha, Distt. Bilaspur (CG) for the offence punishable under Section 20b(ii)B of the Narcotic Drugs And Psychotropic Substances Act, 1985 (for short 'the NDPS Act'). 3.

Learned counsel for the applicant submits that the applicant has been arrested on 23.4.2017, after investigation police has filed charge sheet which is pending before Special Judge under the NDPS Act as Special Criminal Case No. 16/17. As per the allegation, 4.400 kg ganja has been seized from the applicant, the applicant is a lady, she is in jail since long and she will not commit

any offence in future, the trial may take sometime for its conclusion, hence, she may be granted bail.

4.

Per contra, learned counsel for the State opposes the arguments advanced on behalf of the applicant and would submit that except the present matter following matters have been registered against the applicant.

Sl. No. Crime No.

Offence U/s.

01.

186/2016 36C CG Excise Act, 1915 02.

93/20162013 34(1) a CG Excise Act, 1915 03.

123/2017 34(2) of CG Excise Act, 1915 5.

Perused the entire material.

6.

On due consideration of the criminal antecedent as aforementioned and the quantity of ganja so seized from the applicant, I am not inclined to grant bail to the applicant. 7.

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

Certified copy as per rules.

Sd/- (Chandra Bhushan Bajpai) JUDGE Bini