High Court Of ChhattisgarhMCRC/1179/2021allowed

Vinod Rathore v. State Of Chhattisgarh

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

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 1179 of 2021 Vinod Rathore S/o Balkishun Rathore (Wrongly Mentioned as Balkrishna Rathore In Oreder Sheet) Aged About 19 Years R/o Village Nawapara, Bacharwar, Gourela, District Gourela Pendra Marwahi Chhattisgarh, District : Gaurela-Pendra-Marwahi, Chhattisgarh --- Applicant

Versus

State of Chhattisgarh thrugh Station House Officer, Police Station Pendra, District Gourela Pendra Marwahi Chhattisgarh. District : Gaurela-Pendra-Marwahi, Chhattisgarh --- Respondent For the applicant :

Mr. Chandradeep Prasad, Advocate.

For the Respondent :

Mr. Sudeep Verma, 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. 23/2021 registered at Police Station Pendra District Gourela-PendraMarwahi (C.G) for the offences punishable under Section 20B of the Narcotic Drugs and Psychotropic Substances Act.

2. As per the prosecution case, on 31.01.2021 two persons were travelling on a motorcycle and when the vehicle was intercepted, 5 Kgs., of Ganja was recovered from them.

3. Learned counsel for the applicant submits that the applicant has been falsely implicated and no recovery was made from him. He further submits that the applicant is in jail since 31.1.2021, charge sheet has been filed and no further investigation is necessary, therefore, he may be enlarged on

bail.

4. Per contra, learned State Counsel opposes the bail application and submits that the charge sheet has been filed.

5. Considering the facts that the applicant is in jail 31.1.2021, the charge sheet has been filed and no further investigation is necessary and further looking to the quantity of Ganja allegedly recovered from the applicant, I am inclined to allow this bail application.

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.

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

C.c.

as per rules.

Sd/- GOUTAM BHADURI VACATION JUDGE Rao