Allowed

Tobha Bai Yadav v. State of Chhattisgarh

Chhattisgarh HC11 Feb 2024MCRC/143/2024

Case brief

AI extract

What is this about?

In a bail application under Section 439 Cr.P.C., the High Court of Chhattisgarh granted regular bail to an arrested female applicant. She was seized with contraband while waiting for bus. The applicant, aged 54, was a first-time offender. The Court discharged her on furnishing a bond with local surety.

What did the court decide?

Applicant enlarged on regular bail by furnishing a personal bail bond in Rs. 25,000/- with one local surety.

Tobha Bai Yadav Vs State of Chhattisgarh — Narcotics (NDPS) | Chhattisgarh HC (2024)

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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MCRC No. 143 of 2024

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Tobha Bai Yadav W/o Late Banshidhar Yadav Aged About 54 Years R/o Lakha Main Road, Police Station And Tahsil - Raigarh, And District - Raigarh, Chhattisgarh.

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---- Applicant

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Versus

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State Of Chhattisgarh Through - The S.H.O. Of The Police Station - City Kotwali, And District - Raigarh, Chhattisgarh.

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---- Respondent

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For Applicant : Mr. Abhishek Saraf, Advocate For State : Ms. Shubha Shrivastava, Panel Lawyer

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S.B.: Hon'ble Shri Parth Prateem Sahu, Judge

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Order On Board

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12/02/2024

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Applicant has filed this first bail application under Section 439 of Cr.P.C. for grant of regular bail as she was arrested in connection with Crime No. 914 of 2023 registered at Police Station – City Kotwali, District-Raigarh (CG) for offence punishable under Section 20 (B) of the NDPS Act.

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Case of the prosecution, in brief, is that on 24.12.2023, police received secret information that applicant along with one other person is carrying contraband (ganja) and is standing near Urdana barrier and waiting for the bus. Based on the secret information, police reached on the spot and during search

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seized 2.800 kg of contraband (ganja) from possession of the applicant and she was arrested.

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Learned counsel for applicant submits that the applicant is a lady. She was waiting for the bus. She was not possessed with any contraband (ganja). She has been falsely implicated in the crime. There is no other criminal antecedent of the applicant. Investigation is complete and charge sheet has been filed. Hence, she may be enlarged on regular bail.

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Learned State counsel opposed the submission made by learned counsel for applicant. She submits that contraband is seized from possession of the applicant, therefore, she is not entitled for grant of bail.

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Taking into consideration the facts and circumstances of the case, nature of allegation in particular the submission of learned counsel for the applicant that applicant is an aged lady and place where applicant was intercepted and allegedly seized contraband (ganja), there is no criminal antecedent of the applicant, without commenting anything on merit of the case, I am inclined to enlarge the applicant on bail.

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Accordingly, the bail application is allowed. It is directed that the applicant shall be released on regular bail on her furnishing a personal bail bond in the sum of Rs.25,000/- with one local surety in the like sum to the satisfaction of the Court on the conditions that:-.

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a) Applicant shall appear before the trial Court regularly on each and every date, unless exempted from appearance.

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b) Applicant shall not, in any manner, tamper with the prosecution witnesses.

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Certified copy as per rules.

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Sd/-/-/------/-/-

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(Parth Prateem Sahu) Judge

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Praveen

Tobha Bai Yadav v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Tobha Bai Yadav v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

What the court decided

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