Vijay Verma v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No. 7283 of 2017

1. Vijay Verma S/o Govardhan Verma, Aged About 30 Years R/o Village Keshdabri, Thana - Saja, District Bemetara Chhattisgarh.

2. Tileshwar @ Chhotu Verma, S/o Govardhan Verma, Aged About 23 Years R/o Village Keshdabri, Thana - Saja, District Bemetara Chhattisgarh.

---- Applicant

Versus

State Of Chhattisgarh Through police station Saja, District Bemetara, Chhattisgarh.

---- Respondent For the Applicant :

Shri Sameer Singh, Advocate.

For the Respondent/State :

Shri Vinod Tekam, P.L.

Hon'ble Shri Justice Rajendra Chandra Singh Samant

ORDER

02.01.2018 Heard.

1.

This is the first bail application filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to the applicants who have been arrested in connection with Crime No.284 of 2017, registered at Police Station - Saja, District - Bemetara, Chhattisgarh for the offence punishable under Sections 20(B)(ii)(A) and 8(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985.

2.

Learned counsel for the applicants submits that the applicants are in jail since 7.8.2017 and have been falsely implicated in this case. The applicants are local residents of District Bemetara. The applicants are ready

to abide by all the conditions imposed on them. Hence, it is prayed that the applicants be enlarged on bail.

3.

On the other hand, learned counsel for the State opposes the bail application. It is submitted that the offence committed in this case, is of a grievous nature and as such, the applicants are not entitled for grant of bail. 4.

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

The brief facts of the case are that on 7.8.2017 the applicants were travelling on motorcycle. The police personnel of P.S. Saja, District Bemetara stopped the motorcycle and searched the applicants. Applicant No.1 - Vijay Verma was found in possession of 1060 gm of ganja and applicant No.2 - Tileshwar @ Chhotu Verma was found in possession of 1kg of ganja (narcotic substance), on the basis of which, FIR was lodged and the case has been registered against the applicants. After completion of investigation, the charge-sheet has been filed. 6.

Considering the submissions and the contents of the case-diary and taking into consideration the fact that the applicants are local residents whose availability can be assured by imposing some suitable conditions and the trial of the case is likely to take some time for its final disposal. On the basis of these reasons, the application is allowed. 7.

Accordingly, the bail application filed under Section 439 of the Cr.P.C. is allowed.

8.

It is directed that the applicants shall be released on bail on each of them furnishing a personal bond in the sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court, for their appearance as and when directed.

Sd/- (Rajendra Chandra Singh Samant) Judge Nimmi