Ujjwal Yadav v. State Of Chhattisgarh

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

• Ujjwal Yadav S/o Banbasa Yadav Aged About 40 Years R/o Village Dabri, Post Office-Katabhanji, Police Station -Katabhanji, District Bolangir, Odisha, District : Balangir, Orissa ---- Applicant

Versus

• State Of Chhattisgarh Through The Station House Officer, Police Station Mahasamund District Mahasamund Chhattisgarh, District : Mahasamund, Chhattisgarh.

---- Respondent For the Applicant :

Shri Shivendu Pandya, Advocate.

For the Respondent/State :

Shri Vijay Bhadur Singh, PL.

Hon'ble Shri Justice Rajendra Chandra Singh Samant Order on Board 03.05.2018

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.528/2017 registered at Police Station -Mahasamund, District - Mahasamund, (C.G), for the offences under Section 20(B) of Narcotics Drugs and Psychotropic Substance Act.

2. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case and he is in jail since 15.10.2017. No case is made out against him. After completion of investigation the charge-sheet has been filed and the case is pending before the trial Court. The applicant is ready to abide by all the conditions which may be imposed while granting bail to him, hence, it is prayed that he may be released on bail.

3. Learned counsel for the State opposes the bail application and submissions made in this respect.

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

5. On search made by the police personnel of Police Station - Mahasamund, District - Mahasamund, (C.G), this applicant was found in possession of 02.80 kg contraband ganja, which was seized and the case was registered against him. Hence, this case.

6. Considering the submissions made, contents of the case diary and further considering the fact that the trial is pending before the trial Court and it will take some time for its conclusion, hence, for this reason, this Court is of the opinion that this is a fit case where the applicant should be released on bail.

7. Accordingly, the bail application filed under Section 439 of Cr.P.C. is allowed. It is directed that the applicant shall be released on bail on his furnishing a personal bond for a sum of Rs.25,000/- with one local surety in the like sum to the satisfaction of the concerned trial Court, for his appearance as and when directed.

8. In case this applicant commits any default in giving appearance before the trial Court during the pendency of the trial, this order shall automatically canceled.

Sd /- (Rajendra Chandra Singh Samant) Judge Jamal