Santosh v. The State Of Chhattisgarh

Page No.1 HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 1231 of 2018 • Santosh S/o Lakhan Chandrakar Aged About 50 Years R/o. Village Kathoutiya, Police Station Daadhi, District- Bemetara, Chhattisgarh., District : Bemetara, Chhattisgarh ---- Applicant

Versus

• The State Of Chhattisgarh Through- The Station House Officer, Police Station Bemetara, District- Bemetara, Chhattisgarh., District : Bemetara, Chhattisgarh ---- Respondent __________________________________________________________ For Applicant :

Mr. Amit Sahu, Advocate.

For Respondent :

Mr. Vijay Bahadur Singh, Panel Lawyer.

------------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Rajendra Chandra Singh Samant Order On Board 25/04/2018

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.9/2018, registered at Police Station-Bemetara, District- Bemetara(C.G.) for the offence punishable under Sections 20 (b) of the Narcotic Drugs and Psychotropic Substances Act, 1985.

2. Learned counsel for the applicant submits that applicant is innocent and has been falsely implicated in this case. Applicant is in jail since 25.1.2018. He is local resident of District-Bemetara and is ready to abide by all the conditions and directions, which may be imposed while granting bail to him. Hence, it is prayed that applicant be enlarged on regular bail.

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3. Learned State counsel opposes the bail application and submissions made in this respect.

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

5. On the date of incident on 25.1.2018 on a search made by the police personnel of PS-Bemetara, applicant was found in possession of 1.050 kg ganja the narcotic substance, which was seized and case was registered against the applicant. Hence, this case.

6. Considering on the nature of offence committed and as the case is presently before the trial Court. The trial against the applicant is likely to take some time before its conclusion. Applicant is a local resident of District-Bemetara and his availability before the trial Court shall not be compromised if he is enlarged on regular bail, for this reason, I am of this view that this is a fit case where applicant should be enlarged on regular 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 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 Nisha