Bhagwat Prasad Patel v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 720 of 2020 • Bhagwat Prasad Patel S/o Malikram Patel Aged About 30 Years R/o Kaimadih, Police Station - Seepat, District - Bilaspur Chhattisgarh.

---- Applicant

Versus

• State Of Chhattisgarh Through Station House Officer, Police Station - Seepat, District - Bilaspur Chhattisgarh. ---- Respondent For Applicant : Shri Gautam Khetrapal, Advocate For Respondent /State : Smt. Reena Singh, PL Hon'ble Smt. Justice Rajani Dubey Order On Board 16/03/2020 The applicant has filed this application under Section 439 of the Code of Criminal Procedure for grant of regular bail as he is in custody in connection with Crime No.465/2019 registered at police station Seepat, District Bilaspur (CG) for the offence punishable under Section 20 (B) of the Narcotics Drugs and Psychotropic Substances Act. As per prosecution case, on receiving secret information, the police party seized 10 kgs. of ganja from the possession of the applicant which was kept in a bag.

Counsel for the applicant submits that the applicant has been falsely implicated in the case and the mandatory provisions of NDPS Act have not been complied with. He further submits that the applicant

is in jail since 21.12.2019 and looking to the conduct of the prosecution it is clear that the trial will take time for its conclusion. On the other hand counsel for the State opposes the bail application.

Having heard counsel for the parties, considered the totality of the fact, in particular the detention period of the applicant, I am inclined to release him on regular bail. Accordingly, his application filed under Section 439 of the Code of Criminal Procedure is allowed. It is directed that in the event of the applicant's furnishing a personal bond in the sum of Rs. 50,000/- with one surety for the like sum to the satisfaction of the concerned Court, he shall be released on bail.

Sd/- (Rajani Dubey) Judge suguna