High Court Of ChhattisgarhMCRC/7517/2019allowed

Smt. Anjum Begam @ Manju v. State Of Chhattisgarh

2020-01-02Hon'Ble Smt. Justice Rajani Dubey2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7517 of 2019 • Smt. Anjum Begam @ Manju W/o Shri Sheikh Rashid Aged About 45 Years R/o Chuchuhiya Para Ganesh Nagar, Presently Residing At Budhwari Bazar, Bilaspur, P.S. Sarkanda DistrictBilaspur, Chhattisgarh., District : Bilaspur, Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through P.S. Torwa, Civil And Revenue District- Bilaspur, Chhattisgarh., District : Bilaspur, Chhattisgarh ---- Respondent For Applicant :

Shri Harshal Chouhan, Advocate.

For Respondent :

Shri Sameer Sharma, Dy. G.A.

Hon'ble Smt. Justice Rajani Dubey Order on Board 02/01/2020

1. 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.358/2019 registered at Police Station - Torwa, District Bilaspur (C.G.) for the offence punishable under Sections 20 (B) of the N.D.P.S. Act.

2. It is the case of the prosecution that on 21.10.2019, on the secret information, the police has seized 2 kg and 100 gm of Ganja (cannabis) from the tea stall of the applicant situated at Budhwari Bazar, Bilaspur. On the basis of above, offence has been registered and the applicant was arrested.

3. Learned counsel for the applicant submits that the applicant has been falsely implicated in the crime in question and

mandatory provisions of the N.D.P.S. Act have not been complied with. He submits that as the applicant is in custody since 22.10.2019 and the trial is likely to take some time for its final disposal, she may be released on bail.

4. On the other hand, counsel for the State opposes the bail application.

5. Considering the facts and circumstances of the case, in particular the nature of allegations against the applicant; the applicant is in jail since 22.10.2019 and yet charge sheet has not been filed, I am of the opinion that present is a fit case, in which, the applicant should be enlarged on regular bail.

6. Accordingly, the application filed under Section 439 Cr.P.C. is allowed.

7. It is directed that the applicant shall be released on bail on her furnishing a personal bond in sum of Rs.1,00,000/- with one surety in like sum to the satisfaction of the concerned trial Court for her appearance before the said Court as and when directed till the disposal of the trial.

8. Certified copy, as per rules.

Sd/ (Rajani Dubey) Judge sunita