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High Court Of ChhattisgarhMCRC/7504/2019allowed

Vimla Bai Suryavanshi v. State Of Chhattisgarh

2020-01-14Hon'Ble Smt. Justice Rajani Dubey2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7504 of 2019 • Vimla Bai Suryavanshi W/o Late Purshottam Suryavanshi Aged About 60 Years R/o Mahamaya Para, Ratanpur, Police Station Ratanpur, District Bilaspur Chhattisgarh. ---- Applicant

Versus

• State of Chhattisgarh Through Station House Officer, Police Station Ratanpur, District Bilaspur Chhattisgarh. ---- Respondent For Applicant :- Mr. Amit Singh Chauhan, Adv.

For Respondent-State :- Mr. Vinod Kumar Tekam, PL Hon'ble Smt. Justice Rajani Dubey Order on Board 14/01/2020 • The accused/applicant has moved this first bail application under Section 439 of the Code of Criminal Procedure for releasing her on regular bail during trial in connection with Crime No. 448/2019 registered at Police Station - Ratanpur, District Bilaspur (C.G.) for the offence punishable under Section 20(B) of the NDPS Act.

• The prosecution story, in brief, is that on the basis of information, Police has recovered 2320 gm cannabis from the applicant. Based on this, offence has been registered. The present applicant has been taken into custody on 02.11.2019.

• Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the case. He further submits that the present applicant has no previous record. Next submits that the applicant is in jail since 02.11.2019, she is ready to furnish adequate surety and shall abide by all the directions and conditions which may be imposed by this Court, the present applicant may be released on bail.

• On the other hand State counsel strongly opposes the bail application.

• I have heard learned counsel for the parties and perused the entire material available on record. • Taking into consideration the nature and gravity of the offence, facts and circumstances of the case and further considering the fact that the present applicant is in jail since 02.11.2019 and as the trial is likely to take some time for its final disposal, this Court is of the view that it is a fit case to release the applicant on bail. Accordingly, the application is allowed.

• Accused/applicant is directed to be released on bail on their executing a personal bond in the sum of Rs. 1,00,000/- with one local surety in the like sum to the satisfaction of the trial Court. Applicant is directed to appear before the said Court on each and every date given to her by the said Court.

Sd/- (Rajani Dubey) Judge Ankit