Mansai Singh @ Bablu v. State Of Chhattisgarh

Page No.1 HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2651 of 2018 • Mansai Singh @ Bablu S/o Late Ram Lakhan Singh Aged About 30 Years Caste- Gond, R/o- Village- Rakaiya, Police Station- Charcha, District- Baikunthpur, Koriya, Chhattisgarh., District : Koriya (Baikunthpur), Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through- Police Station House Officer, Police Station- Charcha, District- Baikunthpur, Koriya, Chhattisgarh., District : Koriya (Baikunthpur), Chhattisgarh ---- Respondent __________________________________________________________ For Applicant :

Mr. V.K. Pandey, Advocate.

For Respondent :

Mrs. M. Asha, Panel Lawyer.

------------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Rajendra Chandra Singh Samant Order On Board 27/06/2018

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.2651/2018, registered at Police Station- Charcha, District- Baikunthpur(C.G.) for the offence punishable under Sections 20 (a) of the Narcotic Drugs and Psychotropic Substances Act, 1985.

2. Learned counsel for the applicant submits that applicant is innocent and has been falsely implicated in this case. Applicant is in jail since 7.12.2017. No case is made out against this applicant. The trial of the case is still pending against him. Applicant is ready to abide by all the conditions and directions, which may be imposed while granting bail to him. Hence, it is prayed that applicant be enlarged on regular bail.

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

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

5. On the date of incident on 7.12.2017, on a search made by the police personnel of PS-Charcha, applicant was found in possession of 30.4 kg cannabis plant (ganja), which was seized from the possession of this applicant which he had kept in his house. Hence, this case.

6. Considering on the material present in the case diary, this applicant appears to be a resident of Korba, District-Baikunthpur and the trial against him is likely to take some time for its conclusion, for this reason, I am of this view that this is a fit case where applicant should be enlarged on regular 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 Nisha