Ramesh v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No. 92 of 2018 Ramesh S/o Bahadur @ Bahadar Sahu, Aged About 36 Years R/o Village Devkar, Ward No. 3, Chowki Devkar, Police Station Saja, District Bemetara Chhattisgarh.

---- Applicant

Versus

State Of Chhattisgarh Through The Station House Officer, Police Station Bemetara, District Bemetara Chhattisgarh.

---- Respondent For the Applicant :

Shri P.P. Sahu, Advocate.

For the Respondent/State :

Shri Anant Bajpai, P.L.

Hon'ble Shri Justice Rajendra Chandra Singh Samant

ORDER

14.03.2018 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.468 of 2017, registered at Outpost - Bemetara, Police Station - Saja, District - Bemetara, 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 3.12.2017 and he has been falsely implicated in this case. No case is made out against the applicant on the basis of the material placed before the Court by the prosecution. The applicant is a local resident of District Bemetara and there is no likelihood of his absconding. After completion of

investigation, the charge-sheet has been filed. Hence, it is prayed that the applicant be enlarged on bail.

3.

Learned State counsel opposes the bail application and the submissions made in this respect.

4.

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

On the date of incident, on a search made by the police personnel of Outpost Bemetara, P.S. Saja, District Bemetara, 2.4 kg of ganja (narcotic substance) was recovered and seized from this applicant. Hence, this case. 6.

Considering the material present in the case-diary, the case is already before the trial Court and the trial of the case is likely to take some time for its final disposal, I am of the considered opinion that the applicant deserves to be released on bail.

7.

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

8.

It is directed that the 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.

Sd/- (Rajendra Chandra Singh Samant) Judge Nimmi