Court No. - 7
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20412 of 2019 Applicant :- Smt. Sarita Devi @ Balkeshi Opposite Party :- State Of U.P.
Counsel for Applicant :- Hari Nath Chaubey Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant and learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant in Case Crime No. 445 of 2018, under Section 18/20 N.D.P.S. Act, P.S. Mangalpur, District Kanpur Dehat with the prayer to enlarge him on bail.
Contention of learned counsel for the applicant is that the applicant is a lady aged about 25 years and she has been falsely implicated in this case; that no recovery has been made from the possession of the applicant; that applicant has come from Nepal and was going to Chitrakoot for Darshan and she was implicated in this case showing false recovery; that besides the applicant, her other family members were also implicated in this case; that in case the applicant is released on bail, she will not misuse the liberty of bail and will cooperate in the trial and that she is languishing in jail since 18.11.2018, having no criminal history.
Learned A.G.A. has opposed the prayer for bail and argued that total 15.25 Kg. Charas was recovered from the applicant and co-accused persons, out of which 3.57 Kg. Charas has been recovered from the possession of applicant. It was further submitted that it is a case of smuggling of large scale of narcotic drugs.
In the alleged incident recovery of total 15.25 Kg. Charas has been shown, out of which 3.57 Kg. Charas was recovered from the possession of applicant-accused. After hearing the learned counsel for the parties and perusing the record, quantity of recovered Charas and also looking into the seriousness of the allegations as made in the FIR, gravity of the offence and also considering all attending facts and circumstances of the case, no case for grant of bail is made out.
Accordingly, the application for bail is rejected.
However, Keeping in view the period of detention of the applicant, it is directed that the aforesaid case pending before the court below be decided expeditiously, preferably within a period of nine months from the date of filing the copy of this order, in accordance with law.
A copy of this order be forwarded to the concerned court below for necessary compliance.
Order Date :- 11.6.2019 Atul