Nandu Dhobi v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Order Sheet Proceedings through Video Conferencing Misc. Criminal Case No.1354 of 2021 • Nandu Dhobi S/o Gopal Aged About 51 Years R/o Near Ranjeet Kirana Stores, Ruabandha, Yuva Chowk, Civic Centre Bhilai, Tahsil And District Durg, Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through The District Magistrate Durg (C.G. ) Police Station Bhilai Nagar, District Durg, Chhattisgarh ---- Respondent ------------------------------------------------------------------------------------------ For Applicant : Shri TK Jha, Advocate For respondent/State : Shri Krishna Kant Banjare, Panel Lawyer ------------------------------------------------------------------------------------------ Hon'ble Shri Justice NK Chandravanshi Order On Board 12.5.2021.

1.

This is first bail application filed under Section 439 of the Cr.P.C. for grant of regular bail to the applicant, who has been arrested on 18.12.2020 in connection with Crime No.514/2020 registered at Police Station Bhilai Nagar, Distt. Durg (C.G.), for the offence punishable under Sections 20(B) and 27(A) of the Narcotic Drugs and Psychotropic Substances Act.

2.

Case of the prosecution, in brief, is that, on the basis of the information of the informant Police of Police Station of Bhilai Nagar, distt. Durg recovered 1.400 Kg of contraband article ganja and Rs.3450/- from the illegal possession of the present applicant. 3.

Learned counsel for the applicant submits that the applicant has been falsely implicated in the crime in question. No ganja was recovered from the conscious possession of the applicant but the

same was recovered from the open place. He further submits that the applicant is in jail since 18.12.2020, charge sheet has already been filed, therefore, present applicant may be enlarged on bail. 4.

On the contrary, learned State counsel opposes the application for grant of bail and submits that there are criminal antecedent reported against present applicant. 5.

Looking to the facts and circumstances of the case, nature and gravity of offence, period of detention and also considering the fact that the trial will take some more time for its conclusion, and as per submission of applicant's counsel charge sheet has been filed, without further commenting on merits of the case, I am inclined to release the applicant on bail.

6.

Accordingly, the bail application filed under Section 439 of the Cr.P.C. is allowed and it is directed that the applicant shall be released on bail on his furnishing a personal bond in sum of Rs. 10,000/- with one local surety in the like amount to the satisfaction of the concerned trial Court. He shall appear before the trial court regularly on each and every date as per direction of the court, unless exempted from appearance.

7.

In view of the above, IA No.01/2021 for urgent hearing and IA No.02/2021 for hearing the case during summer vacation stand disposed of.

Certified copy as per rules.

Sd/- (NK Chandravanshi) VACATION JUDGE Bini