Ramesh Nana Sahu v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No.6152 of 2017 • Ramesh Nana Sahu S/o Ram Ratan Sahu, Aged About 50 Years R/o Chunabhatti Near Kali Mandir, Police Station Ganj, Raipur, District Raipur Chhattisgarh.

---- Petitioner

Versus

• State Of Chhattisgarh Through Police Station Ganj, Raipur, District Raipur Chhattisgarh.

--- Respondent _______________________________________________________________ For Petitioner :

Shri C. K. Sahu, Advocate For Respondents :

Shri Chandresh Shrivastava, PL Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 28/11/2017 Heard.

2.

The applicant has moved this application under Section 439 of the Cr.P.C. for grant of regular bail in connection with Crime No.257/2017 registered at Police Station Ganj, District Raipur for the offence punishable under Section 20(B)(ii) of the NDPS Act.

3.

Case of the prosecution is that from the possession of the applicant, 4 KG of ganja was seized, which was without any authorization under the law. 4.

Learned counsel for the applicant submitted that a false case has been prepared against the applicant. He also submits that in this case, the applicant is in jail since 08-07-2017 and investigation is complete, charge sheet has been filed and the applicant is not likely to abscond or tamper with the prosecution witnesses.

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 recovered from the possession of the applicant, the applicant' is not entitled to bail. 6.

Taking into consideration the submission of learned counsel for the parties, particularly taking into consideration the quantity of ganja seized from the possession of the applicant and that the investigation is complete, charge sheet has been filed and the applicant is not likely to abscond or tamper with the prosecution witnesses, 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 one 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