Santosh Dewangan v. State Of Chhattisgarh

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 1393 of 2018 • Santosh Dewangan S/o Girdhari Lal Dewangan, Aged About 32 Years, R/o.- Ranitarai District- Durg, Chhattisgarh, District : Durg, Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through- Station House Officer, P.S.- Bhanpuri, District- Bastar, Chhattisgarh, District : Bastar (Jagdalpur), Chhattisgarh ---- Non-applicant For Applicant - Shri S.K. Agrawal and Shri Avinash Chand Sahu, Advocates. For Non-applicant/State - Shri Vinod Tekam, Panel Lawyer. Hon'ble Shri Justice Rajendra Chandra Singh Samant Order on Board 19-04-2018 1.

Heard on the application filed under Section 439 of the Cr.P.C. This is first bail application before this Court filed by the applicant for grant of regular bail. The applicant has been arrested on 14-07-2017 in connection with Crime No.87/2017 registered at P.S. Bhanpuri, District Durg, Chhattisgarh for the offence under Section 20(B) of N.D.P.S. Act.

2.

It is submitted on behalf of the applicant that the applicant has been falsely implicated in this case. He is in jail since 14-07-2017. Charge sheet has been filed after completion of the investigation. The applicant is ready to abide by all the conditions to be imposed on grant of bail. Hence, it is prayed that he may be released on bail.

3.

Learned counsel for the State/non-applicant opposes the application. 4.

Heard learned counsel for the parties and perused the case diary. 5.

According to the prosecution case, 4.9 kg. Ganja was recovered and seized from the possession of this applicant. 6.

After due consideration, for the reasons that the applicant has no criminal antecedent, presently the case is before the trial Court and he is local

-2resident of District Durg whose availability before the trial Court can be ensured, I am of this view that this applicant should be released on bail during pendency of the trial against him.

7.

Consequently, this application filed by the applicant under Section 439 of the Cr.P.C. for grant of regular bail is hereby allowed. It is directed that the applicant shall 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. 8.

Certified copy as per rules.

Sd/- (Rajendra Chandra Singh Samant) Judge Aadil