Bharat Sahu v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 556 of 2018 Bharat Sahu S/o Guniram Sahu, aged about 56 years, R/o VillageAtariyakhurd, Police Chowki- Damapur, Police Station- Kunda, DistrictKabirdham (C.G.). ---- Applicant

Versus

State of Chhattisgarh through- Station House Officer, Police Station- Excise Department, Kawardha, District- Kabirdham (C.G.). ---- Respondent For Applicant :

Mr. Dharmesh Shrivastava, Advocate For Respondent :

Ms. M. Asha, PL Hon'ble Shri Justice Arvind Singh Chandel Judgment on Board 16/04/2018 1.

Heard.

2.

The applicant has preferred this application under Section 439 of the Cr.P.C for grant of regular bail as he is arrested in connection with Crime No.64/2017 registered at Police Station- Excise Department, Kawardha, District- Kabirdham (C.G.) for the offence punishable under Section 20 (b) (ii) (c) of NDPS Act.

3.

It is alleged that on 22/11/2017, on the basis of information received from the informant, the police had seized 5.8 Kg cannabis from illegal possession of the applicant and he was arrested. 4.

Learned counsel appearing on behalf of the applicant submits that the

applicant is innocence and has been falsely implicated in the present case. He further submits that the applicant is in custody since 22/11/2017, charge-sheet has been filed and the trial will likely to take some more time to conclude, therefore, the applicant may be released on bail.

5.

Per contra, learned counsel appearing on behalf of the State opposes the bail application.

6.

I have heard learned counsel for both the parties. 7.

Considering the above facts and circumstances of the case, particularly considering that the applicant is in custody since 22/11/2017, charge-sheet has already been filed and the trial will likely to take some more time to conclude, this court is inclined to release the applicant on bail.

8.

Accordingly, MCRC. No.556/2018 is allowed. It is directed that the applicant shall be released on bail on executing a personal bond for a sum of Rs. 50,000/- with one surety for the like amount to the satisfaction of the trial Court. Thereafter, he will appear before the Trial Court on each and every date given by the said Court. Sd/- Judge Arvind Singh Chandel Rahul