Ramsai Kewat v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C No. 2163 of 2018 • Ramsai Kewat S/o Late Sonsai Aged About 69 Years Caste- Kewat, R/o Village- Dhanras, P.S. And Tahsil- Katghora, District- Korba, Chhattisgarh., District : Korba, Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through- Station House Officer, Katghora, District- Korba, Chhattisgarh., District : Korba, Chhattisgarh. ---- Respondent For the Applicant :

Shri Surfaraz Khan, Advocate.

For the Respondent/State :

Shri Vinod Tekam, 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. 74/2018 registered at Police Station - Katghora, District - Korba, (C.G), for the offences under Sections 20 B N.D.P.S Act. of the Indian Penal Code.

2. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case and he is in jail since 11.03.2018. No case is made out against him. The case is under investigation. The applicant is local resident and 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. According to the prosecution case on 11.03.2018 this applicant was stopped and searched by the police personnel of Police Station -

Katghora, District - Korba while he was driving and 3.500 kg contraband ganja was recovered and seized from his possession 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 there is no criminal antecedents reported against the present applicant and the trial will take some time before 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 surety in the like sum to the satisfaction of the concerned trial Court, for his appearance as and when directed. Sd /- (Rajendra Chandra Singh Samant) Judge Jamal