High Court Of ChhattisgarhMCRC/1326/2016allowed

Bhuwan Lal Aditya v. State Of Chhattisgarh

2016-03-15Hon'Ble Shri Justice Sanjay K. Agrawal2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Misc. Criminal Case No.1326 of 2016 Bhuwan Lal Aditya, S/o Buthaluram Aditya, aged about 45 years, R/o Village Kera, Police Station Nawagarh, Civil and Revenue District Janjgir-Champa (C.G.) ---- Applicant

Versus

State of Chhattisgarh, Through District Magistrate/Station House Officer, Police Station Birra, District Janjgir-Champa (C.G.) ---- Non-applicant For Applicant:

Mr. C.P. Lahrey, Advocate.

For Non-applicant:

Mr. Aditya Sharma, Panel Lawyer.

Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 15/03/2016

1. The accused/applicant has moved this bail application under Section 439 of the Code of Criminal Procedure, 1973 for releasing him on regular bail during trial in connection with Crime No.14/2016, registered at Police Station Birra, Distt. Janjgir-Champa, for the offence punishable under Section 20 (b) of the Narcotic Drugs and Psychotropic Substances Act, 1985.

2. Case of the prosecution, in brief, is that the applicant was found in possession of 1Kg. 100 gm. of Ganja.

3. Learned counsel for the applicant submits that the applicant has not committed any offence and he has been falsely implicated in the case. The applicant is in jail since 18-1-2016 and charge-sheet is yet to be filed.

4. On the other hand, learned State counsel opposes the application.

5. I have heard learned counsel for the parties and perused the case

diary.

6. Taking into consideration the nature and gravity of offence, facts and circumstances of the case and quantity of Ganja recovered from the possession of the applicant i.e. 1 Kg. 100 gms., which is slightly more than the small quantity, I am of the view that it is a fit case to grant regular bail to the applicant. Accordingly, the application is allowed.

7. It is, therefore, directed that the applicant be released on bail on his furnishing a personal bond in the sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned Court for his appearance as and when directed.

Sd/- (Sanjay K. Agrawal) Judge Soma