Babulal Khatik v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6564 of 2017 Babulal Khatik S/o Gangaram Khatik, Aged About 66 Years R/o Tikrapara, Near Mama - Bhanja Talab, Police Station Kotwali, District Bilaspur Chhattisgarh.

---- Applicant

Versus

State Of Chhattisgarh Through Station House Officer, Police Of Police Station City Kotwali Bilaspur, District Bilaspur Chhattisgarh. ---- Respondent Shri Rohit Sharma, counsel for the applicant/s. Shri Avinash Singh, Panel Lawyer for the State. Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 06/12/2017 Heard.

The applicant has been arrested in connection with Crime No.56/2017 registered at Police Station - City Kotwali, District - Bilaspur (CG) for alleged commission of offences under Section 20 (B), 22 of Narcotic Drugs and Psychotropic Substance Act.

2.

Case of the prosecution is that the applicant and co-accused were found in possession of 16 Kg of Ganja.

3.

Learned counsel for the applicant submits that Ganja was not recovered from the possession of the present applicant and allegedly recovered from the house which is said to be owned by the applicant and his son Shyamu. It is submitted that Shyamu has been granted bail by this Court in MCrC No.3991/2017 and his case is similarly situated.

4.

On the other hand, learned State counsel opposes bail application and submits that looking to the quantity of Ganja recovered from the house said to be owned by the applicant and his son, the application may be rejected.

5.

Taking into consideration the submission of learned counsel for the parties, particularly taking into consideration that Shyamu has been granted bail by this Court in MCrC No.3991/2017 vide order dated 27/11/2017 on considerations stated therein, the applicant appears to be similarly situated, I am inclined to grant bail to the applicant.

6.

Accordingly, the application is allowed. It is directed that the applicant shall be released on bail on furnishing a personal bond in the sum of Rs.25,000/- along with one surety for the like amount to the satisfaction of the Trial Court. He shall appear before the Trial Court regularly on each and every date, unless exempted from appearance.

Certified copy as per rules.

Sd/- ( Manindra Mohan Shrivastava ) Judge Deepti