Jai Prakash Pandey v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7339 of 2017 • Jai Prakash Pandey S/o Late Shri Ramsanjeevan Pandey, Aged About 36 Years R/o Village Deori, Post Office Aamghat, Police Station Padri, District Mirjapur U. P. , Uttar Pradesh ---- Applicant

Versus

• State Of Chhattisgarh Through The Station House Officer, Police Station Ganj, Raipur District Raipur Chhattisgarh. ---- Respondent For the Applicant : Shri Shivendu Pandya, Advocate For the Respondent/State: Shri N.K. Mehta, PL. Hon'ble Shri Justice Rajendra Chandra Singh Samant Order on Board 12.02.2018

1. 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. 283/2017, registered at Police Station - Ganj, Raipur, District Raipur (C.G.), for the offence under Section 20 B of Narcotic Drugs and Psychotropic Substances Act.

2. Learned counsel for the applicant submits that the applicant has falsely been implicated in this case. The applicant is in jail since 30.07.2017 and he is ready to abide by the conditions which may be imposed upon him while granting bail, hence, it is prayed that the applicant may be released on bail.

3. Learned counsel for the State opposes the bail application and submits that the applicant is a permanent resident of

another State Uttar Pradesh, if he is granted bail his appearance before the trial Court would be affected and that will affect the trial, hence, the applicant is not entitled for grant of bail.

4. Heard counsel for both the parties and perused the case diary.

5. On secret information received the police personnel of PSGanj, Raipur, searched and seized 10 kg ganja from the possession of the present applicant. On the basis of this recovery the case was registered against him.

6. Considered, charge-sheet has been filed after completion of investigation and the trial is likely to take some time for its conclusion, hence, for this reason this Court is of the opinion that this is a fit case where the applicant should be released on bail.

7. 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 local surety in the like sum to the satisfaction of the concerned trial Court, for his appearance as and when directed.

Sd/- (Rajendra Chandra Singh Samant) Judge Brijmohan