Prakash Ahirwar v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2884 of 2016 Prakash Ahirwar S/o. Shri Harprasad Ahirwar, aged about 21 years, R/o. Village Kabirpur, P.S. Mangron, Distt. Damoh ( M.P.) ---- Applicant

Versus

State of Chhattisgarh Through GRP, Bilaspur District Bilaspur (C.G.) ---- Respondent ------------------------------------------------------------------------------------------------------- For Applicant :

Mr. Dheerendra Pandey, Advocate For Respondent/State :

Mr. Anant Bajpai, Penal lawyer ------------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Goutam Bhaduri Order On Board 15/06/2016 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 in connection with Crime No. 02/2016 registered at Police Station- GRP Bilaspur District Bilaspur (C.G.) for the offence punishable under Section20(B) NDPS Act.

2.

Case of the prosecution in brief, is that on 04.01.2016, a secret information received a raid being conducted at the railway platform No. 7 & 8 and from the possession of the applicant 4 Kg Ganja (cannabis) was recovered, thereby, the offence has been committed. 3.

Counsel for the applicant submits that the seizure was made in the open place and the applicant has been falsely implicated in this case. He further submits that the applicant is in jail since 04.01.2016, therefore, he may be enlarged on bail.

4.

State counsel opposes the prayer for grant of bail.

5.

Perused the case diary and the statement as also the charge sheet. Perusal of the documents, prima-facie shows that from the possession of the applicant, 4 Kg cannabis was recovered and the trial is going on and according to the order sheet of the trial court, six witnesses have already been examined. Considering the totally of the case, I am not inclined to release the applicant on bail.

6.

Accordingly, the bail application is rejected. Sd/- (Goutam Bhaduri) Judge Santosh