Masalu Ansari v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6568 of 2017 Masalu Ansari S/o Shri Jumai Answari, Aged About 28 Years R/o Village Pateta, Police Station Ahroura, District Mirjapur (U.P.) ---- Applicant

Versus

State Of Chhattisgarh Through The Station House Officer, Police Station Basantpur, Civil & Revenue District Balrampur-Ramanujganj, Chhattisgarh ---- Respondent Ms. Sangeeta Soni, counsel for the applicant/s. Shri Satish Gupta, Govt. Advocate 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.78/2017 registered at Police Station - Basantpur, District - Balrampur-Ramanujganj (CG) for alleged commission of offences under Section 20B of the NDPS Act, 1984. 2.

Case of the prosecution is that from the possession of the applicant, about 5 Kg 600 gms of Ganja was recovered.

3.

Learned counsel for the applicant submits that the applicant has been falsely implicated. It is submitted that no recovery was made from the possession of the applicant and false seizure was made. It is further submitted that investigation is complete, charge sheet has been filed, the applicant is in jail since 08/07/2017and the applicant has no criminal antecedent, therefore, he may be granted bail. 4.

On the other hand, learned State counsel opposes bail application and submits that from the charge sheet, it is reflected that 5 kg and 600 gms of Ganja was seized. It is further submitted that the applicant is the resident of State of Uttar Pradesh and if he is granted bail, he is likely to abscond or tamper with the

prosecution witnesses and the trial may be hampered. Therefore, the application may be rejected.

5.

Taking into consideration the submission of learned counsel for the parties, particularly the quantity of Ganja alleged to be seized from the possession of the applicant, there are no criminal antecedents of similar nature, investigation is complete, charge sheet has been filed, the applicant does not appear to tamper with the prosecution witnesses and that his presence could be secured by imposition of appropriate conditions, 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.50,000/- along with one local 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