Raju Yadav v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.CR.C. No. 686 of 2018 Raju Yadav S/o Kamta Prasad Yadav Aged About 24 Years Address C/o Advocate Ramesh Near Masjid Tarbahar, Police Station Tarbahar, Bilaspur District Bilaspur Chhattisgarh.

---- Applicant

Versus

State Of Chhattisgarh Through Station House Officer, Police Of Police Station City Kotwali, Bilaspur District Bilaspur Chhattisgarh. ---- Respondent For Applicant : Mr. Ishan Verma, Advocate For State/respondent : Ms. K. Tripti Rao, P.L.

Hon'ble Shri Justice Rajendra Chandra Singh Samant Order On Board 28/03/2018 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.56/2017, registered at Police Station - City Kotwali, Bilaspur, District - Bilaspur (C.G.), for the offence punishable under Section 20(B) and 22 of Narcotic Drugs and Psychotropic Substance Act.

2.

It is submitted by the learned counsel for the applicant that the applicant has been falsely implicated in this case. The applicant is in jail since 13.02.2017 and he is local resident of District - Bilaspur. Charge-sheet in this case has been filed after completion of investigation and no case is made out against this applicant on the basis of the material present in the charge-sheet. Hence, prayed that

the applicant may be enlarged on bail.

3.

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

I have heard the learned counsel for both the parties and perused the case diary.

5.

On search made by the police personnel of Police Station - City Kotwali, Bilaspur 2 Kg. of narcotics substance Ganja was seized and recovered from the possession of the applicant. Hence this case. 6.

Considered on the submissions made and the contents of the case diary. Further considering the fact that the charge-sheet in this case has been filed and the case is presently before the trial Court, which is likely to take sometime for its completion, applicant is local resident of District Bilaspur, hence for this reason, this Court is of the opinion that present is a fit case, in which, the applicant should be enlarged on 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.

Certified copy as per rules.

Sd/- (Rajendra Chandra Singh Samant) Judge Balram