High Court Of ChhattisgarhMCRC/1043/2021allowed

Saban Bastiray v. State Of Chhattisgarh,

2021-05-17Hon'Ble Shri Justice Goutam Bhaduri2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 1043 of 2021 Saban Bastiray S/o Shantanu Bastiray, Aged About 23 Years R/o Banda Pipali Kotagarh, Kandhamal (Odisha), District : Kandhamal, Orissa --- Petitioner

Versus

State of Chhattisgarh through - G.R.P. Raipur, District Raipur Chhattisgarh. --- Respondent For the applicant :

Ms. Nirupama Bajpai, Advocate.

For the Respondent :

Mrs. Richa Shukla, Govt. Advocate Hon'ble Shri Justice Goutam Bhaduri Order on Board .05.2021

1. This is first bail application filed under Section 439 of the Code of Criminal Procedure seeking grant of regular bail to the applicant in connection with Crime No. 07/2021 registered at Police Station G.R.P. Raipur, Distt. Raipur (C.G) for the offences punishable under Section 20-B of the Narcotic Drugs and Psychotropic Substances Act.

2. As per the prosecution case, On 22.1.2021 a raid was conducted by the Police and during the course of such raid, 8 Kgs. of contraband Ganja has been seized from the possession of the applicant.

3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case and no seizure was made from him. He further submits that the applicant is in jail since 22.01.2021 and no further investigation is necessary, therefore, he may be enlarged on bail.

4. Per contra, learned State Counsel opposes the bail.

5. Considering the fact that the seizure has already been made and looking to the quantity of Ganja alleged to have been recovered from the applicant, I am inclined to release the applicant on bail.

6. Accordingly, the bail application is allowed and the applicant is directed to be released on bail on his executing a personal bond in sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court for his appearance before the said Court as and when directed. However, considering the fact that the applicant is resident of Odisha, he shall mark his appearance before the Police Station GRP Raipur on a Saturday between 1 p.m. and 5 p.m., with an interval of every two months till the trial is disposed off.

7. Consequently I.A.No.1/201 for urgent hearing and I.A.No.2/2021 for hearing the case during summer vacation stand disposed off.

C.c.

as per rules.

Sd/- GOUTAM BHADURI VACATION JUDGE Rao