Jamuna Bai Ratre v. State Of Chhattisgarh

Page No.1 HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 1334 of 2018 • Jamuna Bai Ratre W/o Uday Ratre Aged About 30 Years R/o Hathband, Police Station Simga, District- Baloda Bazar- Bhatapara, Chhattisgarh, District : Balodabazar-Bhathapara, Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through- Station House Officer, Police Station Simga, District- Baloda Bazar- Bhatapara, Chhattisgarh., District : Balodabazar-Bhathapara, Chhattisgarh ---- Respondent _____________________________________________________________ For Applicant :

Mr. Anil Singh Rajput, Advocate.

For Respondent/State :

Mr. Vivek Singhal, Panel Lawyer.

------------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Rajendra Chandra Singh Samant Order On Board 18/04/2018

1. This is the first bail application filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to the applicant who has been arrested in connection with Crime No.20/2018 registered at Police Station- Simga, District- Baloda Bazar-Bhartapara(C.G.) for the offence punishable under Sections 20(b) of Narcotics Drugs and Psychotropic Substance Act.

2. Learned counsel for the applicant submits that applicant is innocent and has been falsely implicated in this case. After completion of investigation, charge-sheet has been filed. Applicant is local resident of District-Bhatapara and he 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 19.01.2018 on a search made by the police personnel of PS-Simga, District-Baloda Bazar, applicant was found in possession of 1.650 kg ganja the narcotic substance, which was seized and case was registered against the applicant. Hence, this case.

6. Considered on the entire material present in the case diary, applicant is a local resident of District-Bhatapara and subsequent to filing of charge-sheet, it appears that no requirement of any detention in jail of the applicant till the conclusion of trial, 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