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2023 Supreme(Gau) 757

MITALI THAKURIA
Gangjam Gangsa, S/o Late Gahgang Gangsa – Appellant
Versus
State Of A. P. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Tabit Tapak

ORDER :

Heard Mr. T. Tapak, learned counsel for the petitioner. Also heard Mr. T. Ete, learned Additional Public Prosecutor for the State respondent.

2. This is an application under Section 439 of the Code of Criminal Procedure, 1973, praying for grant of bail to the accused, who has been languishing in jail hazot in connection with Longding P.S. Case No. 49/2022, under Section 21(c) of the NDPS Act, 1985.

3. Scanned copy of the LCR has already been received and I have perused the same.

4. It is submitted by Mr. Tapak, learned counsel for the petitioner, that the accused is innocent and no way connected with the alleged offence and she was arrested merely on suspicion. More so, the investigating authority has already filed the Charge-Sheet and the FSL report is also filed along with additional Charge-Sheet. Further, as the case has already been Charge-Sheeted, there is no probability of influencing the witnesses or hampering or tampering the evidences. However, the learned Special Judge, Khonsa, rejected the earlier bail petition on the ground of non-receipt of FSL report and subsequently rejected the prayer for bail stating that as FSL report has been received, the accused cannot be g

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