Ramkali Sahu vs State Of Chhattisgarh
2022 Latest Caselaw 5368 Chatt

                                                  1


                                                                                    NAFR
                    HIGH COURT OF CHHATTISGARH AT BILASPUR
                                   MCRC No. 6925 of 2022

             Ramkali Sahu W/o Kaliram Sahu Aged About 65 Years Caste - Teli, R/o
             Dindori Tahsil And Police Station Lormi, District - Mungeli (C.G.)

                                                                            ---- Applicant

                                                Versus

             State Of Chhattisgarh Through, S.H.O. Out Post Chilphi Police Station -
             Lormi, District - Mungeli (C.G.)

                                                                         ---- Respondent

For Applicant/s : Mr. Shubham Tripathi, Advocate For State : Mr. Ishwar Jaiswal, PL

Hon'ble Shri Justice P. Sam Koshy Order on Board 24/08/2022

1. The instant is the second bail application under Section 439 of the

Cr.P.C. for the offence punishable under Section 20B of the NDPS

Act arising out of crime no.56/2022 registered at Police Station Out

post Chilphi under Police Station Lormi, District Mungeli.

2. The earlier bail application was dismissed as withdrawn with liberty

to revive after material witnesses are examined.

3. The present applicant is in jail since 08.02.2022, when she was

intercepted and found to be in possession of 2 Kg's of Ganja in her

possession. Material witnesses like Seizure witness so also

weighment panchnama witness have all been examined and all the

witnesses have turned hostile and have not supported the case of

the prosecution. Thus, counsel for the applicant prays that under the

circumstances the chance of being convicted is very less and

therefore she be released on bail at this juncture.

4. State counsel on the other hand opposing the bail application

submits that it is only just around 6 months that applicant has

remained in jail. Secondly, it is a case where the applicant and her

earlier antecedents have also been found to be involved in a similar

offence under the NDPS Act vide FIR dated 23.05.2015 under the

same Outpost of the same Police Station.

5. Learned counsel for the applicant, however, drew the attention of

this Court to the judgment dated 3.6.2022 in respect of the previous

antecedents of the applicant and vide the said judgment dated

3.6.2022 passed by the Judicial Magistrate First Class, Lormi District

Mungeli, she stands acquitted from the said criminal case.

6. Taking into consideration the entire facts and circumstances of the

case, firstly considering the fact that applicant is a lady aged around

65 years. Further also taking note of the fact that most of the

witnesses have already turned hostile and not supported the case of

the prosecution, a strong case for grant of bail has been made out.

Accordingly bail application stands allowed.

7. It is directed that the applicant shall be released on bail on her

furnishing a personal bond in the sum of Rs.50,000/- with two

sureties each in the like sum to the satisfaction of the concerned

Court for her appearance before the said Court as and when

directed.

Sd/-

(P. Sam Koshy) Judge Rohit