Jeevan Das v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 1623 of 2019 • Jeevan Das S/o Late Jagdish Das Manikpuri Aged About 33 Years R/o Sakin Munshi Ismile, Ward Bhatapara, Thana Bhatapara City, District Balodabazar-Bhatapara, Chhattisgarh.

---- Applicant

Versus

• State of Chhattisgarh Through The Station House Officer, Police Station Bhatapara City, District Balodabazar-Bhatapara, Chhattisgarh. ---- Respondent __________________________________________________________________ For Applicant : Ms. Supriya Upasane, Advocate.

For Respondent/State : Shri V.K. Agrawal, P.L.

Hon'ble Shri Justice Arvind Singh Chandel Order On Board 19/03/2019

1. The Applicant has preferred this first bail application under Section 439 of Cr.P.C. for grant of regular bail as he is arrested in connection with crime No. 85/2019 , registered at Police Station - Bhatapara city, District - Balodabazar-Bhatapara, Chhattisgarh, for the offence punishable under Section 20(B) of NDPS Act.

2. As per the prosecution story, on 14.02.2019, on the basis of information received from an informant, police personnel searched the Applicant and total 2.700 kg of contraband 'ganja' has been seized from his possession. On the basis of the said, offence has been registered and Applicant has been taken into custody on 14.02.2019.

3. Learned Counsel appearing on behalf of the Applicant submits that the Applicant is innocent and has been falsely implicated in the case. She further submits that mandatory provisions of the Act has not been complied with. She further submits that Applicant has no previous antecedents, he is in custody since 14.02.2019 and trial is likely to

take some time. Therefore, he may be released on bail.

4. Per contra, learned Counsel appearing on behalf of the State opposes the bail application.

5. I have heard learned Counsel for the parties and perused the case diary.

6. Considering the facts and circumstances of the case, the evidence collected by the prosecution and further considering the fact that the Applicant is in custody since 14.02.2019 and trial is likely to take some time, without further commenting on merits of the case, I am inclined to release him on bail.

7. Accordingly, the bail application is allowed.

8. It is directed that the Applicant shall be released on bail on executing a personal bond for a sum of Rs. 20,000/- with one solvent surety for the like amount to the satisfaction of the concerned Trial Court for his appearance before the said Court as and when directed. Sd/- (Arvind Singh Chandel) Judge Prakash