Dahru Singh v. State Of Chhattisgarh

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No. 2062 of 2021 • Dahru Singh S/o Amiran Singh Aged About 43 Years Caste Kanwar, Occupation Peasant, R/o Village Banshipur, Police Station Bhatgaon, District Surajpur Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through The Police Station Bhatgaon, District Surajpur Chhattisgarh ---- Respondent ____________________________________________________________________ For Applicant :

Mr. Ashok Kumar Shukla, Advocate.

For Non-applicant/State :

Mr. Sameer Uraon, Govt. Advocate.

Hon'ble Shri Justice Rajendra Chandra Singh Samant Order on Board 19-05-2021

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.27/2021, registered at Police Station- Bhatgaon District- Surajpur, (C.G.) for the offence punishable under Section 20(B) of Narcotic Drugs and Psychotropic Substance Act.

2. It is submitted by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. The proceeding of search and seizure has not been made in this case in accordance with the law. Charge-sheet has been filed after completion of investigation. Therefore, it is prayed that this applicant may be granted bail.

3. Learned counsel for the State/non-applicant opposes the application and submits that there is clear evidence against this applicant. Prima-

-2facie the applicant was in possession of the contraband. Therefore, the applicant is not entitled for grant of bail.

4. Heard learned counsel for the parties and perused the case diary.

5. According to the prosecution case, on the date of incident, police station Bhatgaon, Surajpur made a recovery of 9.9 Kg ganja then the same was being transported on a motor cycle by this applicant. Hence, this case.

6. Considered on the submissions. Taking into consideration that the charge-sheet has been filed, the applicant is the resident of the State and also that the pandemic situation is continuing, therefore, I feel inclined to allow this application.

7. Consequently, this application filed by the applicants under Section 439 of the Cr.P.C. for grant of regular bail is hereby allowed. 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 two local surety each in the like sum to the satisfaction of the concerned Court, for his appearance as and when directed.

8. Certified copy as per rules.

Sd/- (Rajendra Chandra Singh Samant) Vacation Judge Monika