Ritu Kaushik vs State Of Chhattisgarh
2022 Latest Caselaw 5793 Chatt

                                                                     NAFR

            HIGH COURT OF CHHATTISGARH, BILASPUR

                         MCRCA No. 909 of 2022

       Ritu Kaushik W/o Chandraprakash Kaushik Aged About 34
        Years R/o Village Bahatarai, Post Bahatarai, Police Station
        Sakari, District Bilaspur Chhattisgarh

                                                              ---- Applicant

                                  Versus

       State Of Chhattisgarh Through Station House Officer, Police
        Station Civil Line, Bilaspur, District Bilaspur Chhattisgarh.,

                                                            ---- Respondent

For Applicant              :      Shri RK Dubey, Advocate
For Respondent/State       :      Shri Roshan Dubey, PL


                      Hon'ble Smt. Rajani Dubey, J

                               Order On Board

15/09/2022

The applicant has filed this first application under Section 438 of

CrPC as she is apprehending her arrest in connection with Crime

No.618/2022 registered at Police Station-Civil Line, Bilaspur (CG) for

the offence punishable under Section 20B of the NDPS Act.

02. As per the prosecution case, on 10.6.2022 the police party on

the basis of secret information seized 70 kg of ganja from the

possession of co-accused Jagatram Dhuri and Akash Nirmalkar which

was kept in vehicle Maruti Suzuki Desire bearing No. CG 10 AR 5431.

During investigation, it revealed that at the instance of the applicant,

the above co-accused persons brought the ganja from Orissa to

Bilaspur for giving it to her for the purpose of selling.

03. Learned counsel for the applicant submits that the applicant is an innocent person and has been falsely implicated in the crime in

question. The contraband has been seized from the possession of the

co-accused persons and the applicant has been made accused only on

the basis of memorandum of the co-accused persons. The applicant is

a housewife of 34 years; she has no criminal antecedents; she is a

reputed person and if arrested, it would cause an irreparable loss to

her; there is no apprehension of her absconding or tampering with the

evidence or influencing the witnesses and conclusion of the trial is

likely to take some time; therefore, the applicant may be released on

anticipatory bail.

Reliance has been placed on the decision of the Hon'ble

Supreme Court in the matter of State by (NCB) Bengaluru Vs.

Pallulabid Ahmad Arimutta and another, 2022 LiveLaw (SC) 69 and

the judgment dated 5.5.2022 of the High Court of Delhi in the matter of

Md. Irshad Vs. State NCT of Delhi passed in Bail Application

No.994/2022 and Crl.M.A. No.5749/2022.

04. On the other hand, learned counsel for the State opposes the

bail application.

05. Heard learned counsel for the parties and perused the case

diary.

06. Considering the facts and circumstances of the case, the nature

of allegations made against the applicant, the fact that the applicant

has no criminal record; there is no apprehension of the applicant

absconding or tampering with the evidence or influencing the

witnesses and that conclusion of the trial is likely to take some time,

without commenting anything on merits of the case, this Court is inclined to release the applicant on anticipatory bail. Accordingly, the

application is allowed.

It is directed that in the event of arrest of the applicant in

connection with the aforesaid crime number, she shall be released on

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

one surety for the like sum to the satisfaction of the concerned

arresting/investigating officer or the court concerned, as the case may

be, with the following terms and conditions:

(i) that the applicant shall make herself available for

interrogation/medical examination before the concerned investigating

officer as and when required;

(ii) that the applicant shall not directly or indirectly make any

inducement, threat or promise to any person acquainted with the facts

of the case so as to dissuade him/her from disclosing such fact to the

Court or to any police officer;

(iii) that the applicant shall not act in any manner which will be

prejudicial to the fair and expeditious trial;

(iv) that the applicant shall appear before the trial Court on each and

every date given to her by the said Court till disposal of the trial.

sd/ (Rajani Dubey) Judge

Khan