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High Court Of ChhattisgarhMCRC/5517/2017allowed

Dharmendra Singh Rajput v. State Of Chhattisgarh

2017-11-23Hon'Ble Shri Justice Manindra Mohan Shrivastava2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No.5517 of 2017 • Dharmendra Singh Rajput S/o Adhar Singh Rajput, Aged About 22 Years R/o Village Sihora, Police Station Damoh Dehat, District Damoh, Madhya Pradesh. ---- Petitioner

Versus

• State Of Chhattisgarh Through The (Station House Officer) S.H.O. G.R.P.F. Raipur, District Raipur, Chhattisgarh.

---- Respondent For Petitioner :

Shri Suresh Kumar Verma, Advocate For Respondent/State :

Ms. Sunita Jain, PL Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 23/11/2017 Heard.

2.

The applicants have moved this application under Section 439 of the Cr.P.C. for grant of regular bail in connection with Crime No.155/2017 registered at Police Station GRPF, Raipur, District Raipur for the offence punishable under Section 20-B of the NDPS Act.

3.

Case of the prosecution is that from the possession of the applicant, 9 KG of ganja was recovered.

4.

Learned counsel for the applicant submitted that the applicant has been falsely implicated and he has not committed any such offence. He further submits that the witnesses of seizure have not supported the case of the prosecution and turned hostile during trial, therefore, the applicant may be granted bail. 5.

On the other hand, learned State counsel opposed the prayer for grant of bail on the submission that looking to the quantity of ganja alleged to be seized from the present applicant, he is not entitled to bail. 6.

Taking into consideration the submission of learned counsel for the parties, particularly taking into consideration the nature of allegation and the period of

detention, I am inclined to grant bail to the applicant. 7.

Accordingly, the application is allowed. It is ordered that the applicant shall be released on bail on furnishing a personal bond of Rs.25,000/- along with two local surety of the like amount to the satisfaction of the trial Court on the condition that he shall appear before the trial Court regularly on each and every date, unless exempted. SD/- ( Manindra Mohan Shrivastava) J U D G E Tumane