Harabadi v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 1356 of 2020 • Harabadi S/o Uddhaba Badi Aged About 28 Years R/o Sadaipur, Post Gohira, Tahsil Bodh, P.S. Bousani, District Boudh (Odisha) ---- Applicant

Versus

• State Of Chhattisgarh Through Station House Officer, Police Station G.R.P. Bilaspur, District Bilaspur Chhattisgarh ---- Respondent For Applicant :

Shri Rajeev Kumar Dubey, Advocate For Respondent/State :

Shri Adil Minhaj, Dy. AG Hon'ble Shri Justice Goutam Bhaduri Order 13/05/20

1. This is the First Bail Application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicant who has been arrested on 07.02.2020 in connection with Crime No.27/2020 registered at Police Station G.R.P., Bilaspur, District Bilaspur (CG) for the offence punishable under Section 20 (B) of N.D.P.S. Act.

2. As per the prosecution case, the applicant was caught with 5 K.G. of contraband Ganja on 07.02.2020 by G.R.P. at Bilaspur Railway Station.

3. Learned counsel for the applicant submits that the applicant has been falsely implicated and no seizure was made. He would further submit that the chargesheet in this case has been filed and the applicant is in jail since 07.02.2020, therefore, the applicant may be released on bail.

4. Per contra, learned State counsel opposes the prayer for grant of bail.

5. Considering the quantity of the contraband seized and the charge-sheet has been filed and further taking into that the applicant is in jail since 07.02.2020, I am inclined to release the applicant on bail.

6. Accordingly, the application is allowed and the applicant is directed to be released on bail on his executing a personal bond in sum of Rs.25,000/- with one local surety in the like sum to the satisfaction of the trial Court. He is directed to appear before the trial Court on each and every date given by the said Court.

Sd/- Goutam Bhaduri Judge Ashu