Govind Kanwar v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No.1069 of 2018 • Govind Kanwar S/o Chhabi Kanwar Aged About 25 Years R/o Village Tangarpali, Police Station Baudhha Town, District Baudhha Town ( Orissa ), District : Baudh *, Orissa ---- Petitioner

Versus

• State Of Chhattisgarh Through The Police Station G.R.P. Bilaspur District Bilaspur Chhattisgarh, District : Bilaspur, Chhattisgarh -- Respondent For Petitioner :

Shri S. S. Baghel , Advocate For Respondent/State :

Shri Chandresh Shrivastava, PL Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 13/04/2018 Heard.

2.

The applicant has moved this application under Section 439 of the Cr.P.C. for grant of regular bail in connection with Crime No.186/2017 registered at Police Station GRP Bilaspur, District Bilaspur for the offence punishable under Section 20(b) of the NDPS Act, 1985. 3.

Case of the prosecution is that from the possession of the applicant, ganja of 3 KG was seized.

4.

Learned counsel for the applicant submitted that looking to the quantity of ganja and punishment which could be awarded on the applicant, even in the case, the prosecution succeeds, he may be granted bail as the applicant is in jail since 26-09-2017.

5.

On the other hand, learned State counsel opposed the prayer for grant of bail on the submission that looking to the fact that 3 KG of ganja was seized from the possession of the applicant, he is not entitled to bail. 6.

Taking into consideration the submission of learned counsel for the parties, particularly taking into consideration the quantity of ganja seized from

the possession of the applicant and the period of detention of the applicant and that the investigation is complete, charge sheet has been filed and considering that there is no previous record of commission of similar offence by the applicant and his presence can be secured by imposing appropriate conditions, I am inclined to grant bail to the applicant. 7.

Accordingly, the application is allowed. It is ordered that the applicant shall be released on bail on furnishing a personal bond of Rs.25,000/- along with two local surety of the like amount to the satisfaction of the trial Court on the condition that he shall appear before the trial Court regularly on each and every date, unless exempted.

SD/- ( Manindra Mohan Shrivastava) J U D G E Tumane