Deepak Gadhewal v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2096 of 2021 • Deepak Gadhewal S/o Dwarika Gadhewal Aged About 44 Years Resident of Mangla, Dhuripara, Police Station Civil Line, District Bilaspur Chhattisgarh. ---- Applicant

Versus

• State of Chhattisgarh Through The Station House Officer, Police Station, Sarkanda, Civil And Revenue District Bilaspur Chhattisgarh. ---- Respondent For Applicant :

Shri Banhiman Roy, Advocate.

For Respondent-State :

Shri Ashish Tiwari, Government Advocate.

Hon'ble Shri Justice Rajendra Chandra Singh Samant , Judge Judgment on Board 15.06.2021 1.

Heard on the application filed under Section 439 of Cr.P.C. This is first bail application filed for grant of regular bail. The Applicant has been arrested on 22.02.2021 in connection with Crime No. 238/2021 registered at Police Station Sarkanda, Bilaspur C.G. for offence punishable under Sections 20 (B) of Narcotic Drugs & Psychotropic Substances Act, 1984. 2.

It is submitted by the learned counsel for the Applicant that the Applicant is innocent and has been falsely implicated in this case. He is in jail since 22.02.2021. It is submitted that charge-sheet has been filed. Hence, it is prayed that this application may be allowed.

3.

The learned counsel for the State opposes the application and the submission made in this respect. It is submitted that looking to the gravity of the offence, the applicant is not entitled for grant of bail. 4.

I have heard the learned counsel for the parties.

5.

As per the prosecution case, on secrete information received, the police personnel of Police Station Sarkanda has seized 7.kg of Ganja from the possession of the present applicant.

6.

Considered on the submissions. Considering that the charge-sheet in this case has been filed and the Applicant is in jail since 22.02.2021 and further taking into consideration the fact that there is possibility of delay in trial, hence for these reasons, this Court is inclined to allow this application. 7.

Consequently, the application filed by the Applicant under Section 439 of Cr.P.C for grant of regular bail is hereby allowed. 8.

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

Certified copy as per rules.

Sd/- (Rajendra Chandra Singh Samant) Judge Hem