Smt. Anita Singh v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 8282 of 2018 Smt. Anita Singh, wife of Umashankar, aged about 35 years, R/o Krishana Nagar Lakhnau (UP). ---- Applicant

Versus

State of Chhattisgarh, through Station House Officer, Police Station Civil Line, District Bilaspur (CG).

---- Non-applicant For Applicant : Mr. Vikas Pandey, Advocate For Non-applicant : Mr. Neeraj Kumar Sharma, Dy.G.A.

Hon'ble Shri Justice Sharad Kumar Gupta Order On Board 2.1.2019 1.

This is first bail application under Section 439 of the Cr.P.C. preferred by the applicant before this Court.

2.

Perused the case diary provided by the counsel for the State in connection with Crime No.648/2017 registered in Police Station Civil Line, District Bilaspur for the offence punishable under Section 20(B)(ii-C) of NDPS Act.

3.

Case of the prosecution, in brief, is that on 25.08.2017 at Maharana Pratap Chowk, Bilaspur, 15 kg cannabis were seized from the possession of the applicant.

4.

Counsel for the applicant submitted that the applicant has not committed any offence and has been falsely implicated in the case. He further submitted that the applicant being a woman and seizure witnesses have already been turned hostile and as such she may be released on bail. 5.

Counsel for the State opposed the prayer for grant of bail. He further submitted that no criminal antecedent reported against the applicant in police case diary.

6.

I have heard counsel appearing for the parties and perused the case diary with utmost circumspection.

7.

Looking to the facts and circumstances of the case, looking to the huge quantity of cannabis seized from the possession of the applicant, this Court is not inclined to give benefit of Section 439 of the Cr.P.C. to the applicant. 8.

Consequently, the bail application is rejected.

9. Certified copy as per rules.

Sd/- (Sharad Kumar Gupta) L/- JUDGE