Punitram Netam v. State Of Chhattisgarh

Page No.1 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 821 of 2018 • Punitram Netam S/o Late Ramdayal Netam, aged about 35 years, R/o Village Ratnabandha Basti, near Pipal tree, Dhamtari, District Dhamtari (Chhattisgarh).

---- Applicant

Versus

• State Of Chhattisgarh Through: Station House Officer, Police of Police Station Arjuni, District- Dhamtari (Chhattisgarh). ---- Respondent __________________________________________________________ For Applicant : Mr. Anil Gulati, Advocate.

For Respondent/State : Mr. Anant Bajpai, Penal Lawyer.

------------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Rajendra Chandra Singh Samant Order On Board 02/04/2018

1. Heard.

2. This is the first bail application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicant who has been arrested in connection with Crime No. 165/2016 registered at Police Station- Arjuni, District - Dhamtari (Chhattisgarh) for the offence punishable under Sections 20(B)(2)(b) of Narcotic Drugs and Psychotropic Substance Act.

3. Learned counsel for the applicant submits that the applicant has falsely been implicated in this case, the applicant is in jail since 13.06.2017. The case is pending before the trial Court and the trial has still not concluded. No case is made out against the applicant, hence, it is prayed that applicant be enlarged on regular bail.

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

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

6. The facts of the case is that on the date of incident, 5.3 k.g. Ganja(narcotic substance) was seized from the possession of the applicant. Hence this case.

7. Considering the entire material present in the case diary, and quantity of the seized contraband and as the applicant is local residence of district Dhamtari and looking to the pendency of the trial, I am of this opinion that applicant should be benefited with grant of regular bail.

8. Accordingly, the bail application filed under Section 439 of Cr.P.C. is allowed. It is directed that the applicant shall be released on bail on his furnishing a personal bond for a sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned Court, for his appearance as and when directed.

Sd/- (Rajendra Chandra Singh Samant) Judge Amita