Allowed

Kavita Nagvanshi v. State of Chhattisgarh

Chhattisgarh HC3 Aug 2022MCRC/5365/2022

Case brief

AI extract

What is this about?

The High Court of Chhattisgarh allowed a third bail application under Section 439 Cr.P.C. for a juvenile female accused of possessing 80 kg of cannabis. The court noted that seizure witnesses failed to support the prosecution and co-accused were already on bail, leading to the applicant's release on personal bond conditions.

What did the court decide?

Anticipated bail granted subject to executing a personal bond of Rs. 25,000/- with one surety and complying with four specific conditional undertakings.

Kavita Nagvanshi Vs State of Chhattisgarh — Narcotics (NDPS) | Chhattisgarh HC (2022)

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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M.Cr.C. No. 5365 of 2022

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Kavita Nagvanshi, (wrongly mentioned as Naagvanshi in Annexure A-1) D/o Anmukh Nagvanshi, aged about 18 years, resident of village Payali, P.S. Nainpur, District Mandla, Madhya Pradesh

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---- Applicant

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Versus

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State of Chhattisgarh, Through: Station House Officer, P.S. Darbha, District Bastar (C.G.)

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---- State/Non-Applicant For Applicant : Shri Ashok Kumar Komra, Advocate For Non-Applicant/State : Shri Kunal Das, Panel Lawyer

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Hon’ble Shri Justice Rakesh Mohan Pandey Order on Board

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03.08.2022

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The applicant has preferred this third bail application under Section 439 of Cr.P.C.as she is in jail since 29.11.2020 in connection with Crime No. 51/2020 registered in Police Station Darbha, District Bastar (C.G.), for the offence punishable under Sections 20 (b) (ii) (C) of Narcotic Drugs and Psychotropic Substances Act.

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As per the prosecution case, on 29.11.2020 from the possession of the applicant along with others, 80 Kg of Cannabis were recovered.

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Learned counsel for the applicant submits that this is the third bail application, first bail application was dismissed as withdrawn by the coordinate bench of this Court vide order dated 17.03.2021 passed in M.Cr.C. No.9509/2021 and second bail application was also rejected by the coordinate bench of this Court vide order dated 20.09.2021 passed in M.Cr.C. No. 7046/2021. He further submits that two seizure witnesses namely Tikam Chand Jain & Lakhan Lal have been examined and they have not supported the case of the prosecution, therefore, the applicant may be

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enlarged on bail. He also submits that co-accused persons namely Sasadhar Biswas and Tarun Haldaar have been enlarged on bail by the coordinate bench of this Court vide order dated 28.04.2022 passed in M.Cr.C. No. 1729/2022. He further submits that the applicant is a lady aged about 18 years, therefore, proviso of Section 437 (1) Cr.P.C. may be extended to her.

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Per contra, learned counsel for the State opposes the prayer for grant of bail, however, he does not dispute the fact that the seizure witnesses have been examined and they have not supported the case of the prosecution.

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Having considered the fact that the seizure witnesses have already been examined and they have not supported the case of the prosecution, the bail application i.e. M.Cr.C. No. 1729/2022 moved by the co-accused persons have already been allowed by the coordinate bench of this Court on 28.04.2022 and the applicant is a lady aged about 18 years, without any further observation on merit, I am inclined to released the applicant on bail.

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Accordingly, the third bail application filed under Section 439 of Cr.P.C. is allowed.

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It is directed that in the event of applicant executing a personal bond for a sum of Rs.25,000/- with one surety of Rs.25,000/- to the satisfaction of the concerned Trial Court, she shall be released on bail, on following conditions :-

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i. she 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.

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ii. she shall not act in any manner which will be prejudicial to fair and expeditious trial, and

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iii. she shall appear before the trial Court on each and every date given to her by the said Court till disposal of the trial.

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iv. she shall not involve herself in any offence of similar nature in future.

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Let a copy of this order be forwarded to the concerned Police Station who shall inform the trial Court in the event of applicant involving herself in similar nature of offence.

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Certified copy as per rules.

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Sd/-

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(Rakesh Mohan Pandey) Judge

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vatti

Kavita Nagvanshi v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Kavita Nagvanshi v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

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