Karan Dhruvanshi v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2547 of 2018 Karan Dhruvanshi S/o Late Hincharam Dhruvanshi Aged About 54 Years R/o- Makeshwar Ward, Dhamtari, Post Office & Police Station- Dhamtari, District- Dhamtari, Chhattisgarh. --- Petitioner

Versus

State of Chhattisgarh through the Station House Officer, Police Station- City Kotwali, Dhamtari, District- Dhamtari, Chhattisgarh. --- Respondent For the applicant :

Mr. Shivendu Pandya, Advocate.

For the Respondent :

Mr. Anil Pillai, Dy.A.G.

Hon'ble Shri Justice Goutam Bhaduri Order on Board .0 5 .2018

1. This is second bail application filed under Section 439 of the Code of Criminal Procedure seeking grant of regular bail to the applicant in connection with Crime No. 242/2017 registered at Police Station City Kotwali, Dhamtari, Distt. Dhamtari (C.G) for the offences punishable under Sections 20(B)/20(B)(ii)(b) of the Narcotic Drugs and Psychotropic Substances Act.

2. As per the prosecution case, on 08.07.2017 the police has received secret information about possession of contraband Ganja and on a raid being conducted in the house of the applicant, 6 kgs., and 100 grams of Ganja was recovered from the said house.

3. Learned counsel for the applicant submits that the applicant has been falsely implicated and the cannabis was not recovered in person from the applicant. He further submits that the first bail application was dismissed as withdrawn on

12.12.2017 with liberty to repeat the same after examination of the seizure witnesses and thereafter the State has given up the seizure witnesses. It is further submitted that the applicant is in jail since 08.07.2017 and looking to the period of detention, he may be enlarged on bail.

4. Per contra, learned State Counsel opposes the bail application.

5. Perused the case diary documents. It appears that the seizure witnesses have been given up by the Prosecution. Considering the facts and circumstances of the case especially the fact the applicant is in jail since 08.07.2017 and further looking to the quantity of cannabis seized, I am inclined to allow this bail application at this stage.

6. Accordingly, the bail application is allowed and the applicant is directed to be released on bail on his executing a personal bond in sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court for his appearance before the said Court as and when directed. C.c.

as per rules.

Sd/- GOUTAM BHADURI JUDGE R a o