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High Court Of ChhattisgarhMCRC/5746/2019rejected

Preeti Sahu v. State Of Chhattisgarh

2019-10-04Hon'Ble Shri Justice Rajendra Chandra Singh Samant2 pages

HIGH COURT OF CHHATTISGARH, BILASPUR M.CR.C. No. 5746 of 2019 Preeti Sahu, W/o. Manoj Sahu, Aged About 32 Years, R/o. Rourkela - 7, Rourkela, Industrial Township, District - Sundergarh (Wrongly Mentioned In The Impugned Order) Odisha.

---- Applicant

Versus

State Of Chhattisgarh, Through Police Station : Civil Lines, District - Bilaspur Chhattisgarh.

---- Respondent For Applicant :

Mr. Anmol Sharma, Advocate For Respondent :

Mr. Neeraj Pradhan, P.L ------------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Rajendra Chandra Singh Samant Order On Board 04/10/2019 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.537/2019, registered at Police Station- Civil Line, District - Bilaspur (C.G.) for the offence punishable under Section 20 (B) of N.D.P.S. Act. 2.

Learned counsel for the applicant submits that the applicant has been falsely implicated in this case. She is a woman carrying a child of 11 months and in jail since 19.08.2019. This applicant has not committed any offence. Hence, it is prayed that the applicant may be enlarged on

regular bail.

3.

State counsel opposes the application for grant of bail and the submission made in this respect. It is submitted that the applicant is resident of State of Orissa, therefore, if she is released on bail, she may not be available for trial, therefore, the application may be rejected.

4.

I have heard the learned counsel for the parties and perused the case diary.

5.

A seizure of 7.00 KG Ganja has been made from this applicant by police personnel of Police Station Civil Lines, District - Bilaspur. Hence, this case.

6.

Considered the submission made and the contents of the case diary. Considering that this applicant is resident of other State and the investigation is still pending, hence for this reason, this Court is not inclined to release the applicant on bail.

7.

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

8.

However, on the basis of the submission made by the learned counsel for the applicant that child of this applicant is suffering from illness, the jail authorities are directed to provide for proper treatment of the child of the applicant as may be required.

Certified as per rules.

Sd/- (Rajendra Chandra Singh Samant) Judge Balram