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NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
MCRC No. 3864 of 2024
1. Jyoti Jaiswal W/o Devesh Jaiswal Aged About 28 Years R/o Janpadpara
Road, Ambikapur, P.S. Ambikapur, Distt - Surguja, Chhattisgarh.
---- Applicant
Versus
1. The State of Chhattisgarh Through The Station House Officer, Police Station -
Ambikapur, Distt - Surguja, Chhattisgarh.
---- Respondent
For Applicant : Mr. D.L. Dewangan, Advocate on behalf of Mr.
Neeraj Mehta, Advocate.
For Non-applicant /State : Mr. Kishan Sahu, Deputy G.A.
Hon'ble Shri Justice Narendra Kumar Vyas
Order On Board
31.05.2024
1. The applicant has preferred this first bail application under Section 439 of
the Code of Criminal Procedure, 1973 for grant of regular bail as she has
been arrested on 23.02.2024 in connection with Crime No. 97/2024
registered at Police Station Ambikapur, District – Surguja (C.G.), for
offence punishable under Sections 21 (C ) & 22 (C ) of the NDPS Act.
2. Case of the prosecution, in brief is that secret information given by the
infromant that the owner of the Dursh Medical Store, Janpadpara is
selling an illegal drugs, injections to the young persons. On the basis of
such information the police reach over the spot and during search some of
the medicines like NRX ALPRAZOLAM TABLETS I.P. 0.5MG RLAM
0.5 and NRX BUPRENORPHINE HYDROCHLORIDE INJECTION I.P
BUPRIGESIC 2 ML was seized. So far as the present applicant is concern
she is the wife of the owner who was present at that time in the shop.
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3. Learned counsel for the applicant submits that the applicant is innocent,
she has been falsely implicated in the present case and she is in jail since
23.02.2024. He further submits that there is no criminal antecedent has
been registered against her, she is the permanent resident of the given
address, therefore, there is no chance of his absconding. Trial may take
some long time for adjudication of the case, hence, the applicant may be
released on bail.
4. On the other hand learned counsel for the State opposing the submission
made by counsel for the applicant. He further submits that looking to the
quantity of liquor recovered from the applicant, he may not be enlarged
on bail.
5. I have heard learned counsel for the parties and also perused the case
diary.
6. Considering the facts situation of the case, nature and gravity of offence;
the petitioner is a lady and she is pregnant and the delivery date expected
to be on 29.07.2024 and looking to the detention period of the applicant,
the trial is likely to take some more time for conclusion, this Court is of
the opinion that it is a fit case to release the applicant on bail.
7. Accordingly, the application is allowed and the applicant is directed to be
released on bail on her furnishing a bond in the sum of Rs. 25,000/- with
one surety for the like sum to the satisfaction of the concerned Court for
her appearance before that Court as and when so directed.
Certified copy as per rules.
Sd/-
(Narendra Kumar Vyas)
Judge
Raghu Jat