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High Court Of ChhattisgarhMCRC/660/2021allowed

Chhote Lal Patwa v. State Of Chhattisgarh

2021-06-14Hon'Ble Shri Justice Rajendra Chandra Singh Samant2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No. 660 of 2021 Chhote Lal Patwa S/o Dukalu Patwa Aged About 61 Years R/o Khadiya Para Bundeli Choki Rajgamar, Korba (Chhattisgarh), District : Korba, Chhattisgarh.

---- Applicant

Versus

State Of Chhattisgarh through the Station House Officer O. P. Rajgamar P.S. Balco Nagar, District : Korba, Chhattisgarh.

---- Respondent For the Applicant :

Ms. Shivali Dubey, Advocate.

For the Respondent/State :

Shri Alok Nigam, G.A.

Hon'ble Shri Justice Rajendra Chandra Singh Samant

ORDER

14.06.2021 Heard.

1.

This is the first bail application filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to the applicant who has been arrested in connection with Crime No.282 of 2020, registered at Outpost Rajgamar, Police Station - Balco, District - Korba, Chhattisgarh for the offence punishable under Section 20(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985.

2.

Learned counsel for the applicant submits that the applicant is in jail since 16.6.2020 and has been falsely implicated in this case. After completion of investigation, the charge-sheet has been filed. Hence, it is prayed that the applicant be enlarged on bail.

3.

On the other hand, learned counsel for the State opposes the bail application and the submissions made in this respect. 4.

Heard counsel for both the parties and perused the case diary. 5.

The seizure of 2 kg of ganja (narcotic substance) was made from the possession of this applicant. Hence, this case. 6.

Considering the submissions and the contents of the case-diary and the fact that the applicant is a local resident and there is no difficulty in his availability during trial, hence, I am of the view that the applicant should be benefited with grant of regular bail.

7.

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

8.

It is directed that applicant shall be released on bail on his furnishing a personal bond in the sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court, for his appearance as and when directed. In case any default is committed by the applicant/s in appearing before the concerned trial Court, this order granting bail shall stand cancelled automatically.

Sd/- (Rajendra Chandra Singh Samant) Judge Nimmi