Anjana Digal v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 8398 of 2019 • Anjana Digal w/o Shri Tumbe Digal, aged 26 years, R/o village Bokarimunda, P.S. Baliguda, District Phalbani (Udisa). ---- Petitioner

Versus

• State Of Chhattisgarh Through The Station House OfÏcer, Police Station G.R.P., District Bilaspur, Chhattisgarh. ---- Respondent For Applicant :

Shri Amit Kumar Chaki, Adv.

For Respondent :

Shri Akhtar Hussain, P.L.

Hon'ble Smt Justice Rajani Dubey Order on Board /02/2020 1.

The applicant has preferred this first bail application under Section 439 of the Code of Criminal Procedure for grant of regular bail as she is arrested in connection with Crime No.193/2019, registered at Police Station - G.R.P. District Bilaspur (C.G.) for the offence punishable under Section 20(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2.

The prosecution story, in brief, is that the police of police station G.R.P. Bilaspur, acting on a tip-off, seized 6.000 kilogram contraband article cannabis from the possession of the applicant. Based on this, offence has been registered against the applicant. Present applicant has been taken into custody on 12.11.2019.

3.

Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the case. He further submits that the ganja was seized from the train and not from the possession of the applicant. He also submits that the mandatory provisions of the NDPS Act has not been complied with in its letter and spirit. He also submits that the applicant is in custody since 12.11.2019 and there is no

likelihood of her case being decided in near future. Therefore, she may be released on bail.

4.

On the other hand, learned State counsel opposes the bail application.

5.

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

6.

Considering the facts and circumstances of the case, in particular the quantity of ganja, and further considering the fact that the applicant is in custody since 12.11.2019 and the trial is likely to take some time, without further commenting on merits of the case, I am inclined to release her on bail. 7.

Accordingly, the bail application is allowed. 8.

It is directed that the Applicant shall be released on bail on her executing a personal bond for a sum of Rs.50,000/- with one local surety for the like amount to the satisfaction of the trial Court for her appearance before the said Court as and when directed, till the disposal of the trial. Certified copy, as per rules.

Sd/- (Rajani Dubey) Judge Pekde