Haribhajan Jaiswal v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7187 of 2015 Haribhajan Jaiswal S/o Late Miththu Lal Jaiswal Aged About 57 Years R/o Village Nimdha, P.S. Marwahi, Distt. Bilaspur, Chhattisgarh.

---- Applicant

Versus

State Of Chhattisgarh Through O.P. Kotmikala, P.S. Pendra, Distt. Bilaspur, Chhattisgarh.

---- Respondent For applicant - Smt. Kiran Jain, Advocate.

For Respondent/State - Shri Anil S. Pandey, G.A. Hon'ble Shri Justice Goutam Bhaduri Order 22/12/2015 1.

The applicant has preferred this application for grant of bail as he is arrested in connection with Crime No. 201/2015 registered in O.P. Kotmikala, P.S. Pendra, District Bilaspur (C.G.) for offence punishable under section 20-B of Narcotics Drugs and Psychotropic Substance Act, 1985.

2.

As per the prosecution case on 29/09/2015 information was received that two persons were transporting cannabis in their motorcycle were intercepted and 1 kg of cannabis was recovered from possession of the applicant.

3.

Learned counsel for the applicant submits that applicant has been falsely implicated in this case and neither vehicle belong to the applicant nor it has been seized. She further submits that even the seizure was not made in person from the applicant, therefore learned counsel prays for release of the applicant on bail.

4.

Learned State counsel opposes the prayer for grant of bail. 5.

Having regard to the seizure memo and quantity of cannabis which

is 1 kg and also considering the fact that alleged seizure has already been made, this court is inclined to release the applicant on bail. 6.

Accordingly, the bail application is allowed and it is directed that the applicant shall be released on his furnishing personal bond for a sum of Rs.25,000/- with one surety in the like sum to the satisfaction of concerned trial court for his regular appearance before it as and when directed. Certified copy as per rules.

Sd/- (Goutam Bhaduri) JUDGE gouri