Shailendra v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No. 2340 of 2018 • Shailendra, S/o Bhimaiya, 21 years, R/o Maharpara, Behind Durga Mandir, Tongpal, District Sukma (C.G.) ---- Applicant

Versus

• State of Chhattisgarh, Through Police Station Bodghat, District Bastar (C.G.) ---- Non-applicant For Applicant :

Mr. Keshav Dewangan, Advocate.

For Non-applicant/State :

Mr. Ashish Surana, P.L.

Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 30/04/18 1.

This is the first bail application filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to the applicant who have been arrested in connection with Crime No.321/2017 registered at Police Station Bodghat, District Bastar (C.G.) for the offence punishable under Section 20-B of the Narcotics Drugs and Psychotropic Substance Act. 2.

Case of the prosecution, in brief, is that 90 Kgs of Ganja was seized from the possession of the co-accused and thereby committed the aforesaid offence.

3.

Learned counsel for the applicant would submit that the applicant has not committed any offence and has been falsely implicated in crime in question, the applicant is in jail since 06-10-2017. Charge-sheet has already been filed and no useful purpose will be served by detaining him in jail,

therefore, he may be released on regular bail. 4.

On the other hand, learned counsel for the State would oppose the bail application.

5.

I have heard learned counsel appearing for the parties and perused the case diary.

6.

Taking into consideration the facts and circumstances of the case, further taking into consideration the nature and gravity of the offence, recovery of 90 Kgs of Ganja from the possession of the co-accused and role of the applicant, this Court is not inclined to extend the benefit of regular bail to the applicant.

7.

Accordingly, the bail application filed under Section 439 of the Cr.P.C. is rejected.

Sd/- (Sanjay K. Agrawal) Judge Kvr