Mangtu v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR M.CR.C. No. 7967 of 2017 Mangtu, S/o. Anandram Dhurve, Aged About 28 Years, Occupation Wages, R/o Village Ghivri, Police Station and District Bemetara Chhattisgarh. ---- Applicant

Versus

State Of Chhattisgarh, S/o. Through The Station House Officer, Police Station Bemetara, District Bemetara Chhattisgarh.

---- Respondent For Applicant :

Mr. P.P. Sahu, Advocate For Respondent :

Mr. Vinod Tekam, P.L.

------------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Rajendra Chandra Singh Samant Order On Board 28/02/2018 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. 759/2017, registered at Police Station- Bemetara, District - Bemetara (C.G.) for the offence punishable under Section 20(B) of Narcotic Drugs and Psychotropic Substance Act.

2.

It is submitted by the learned counsel for the applicant that applicant has been falsely implicated in this case. Applicant is a local resident of District Bemetara. He is in jail since 24.11.2017, he is ready to abide by all the conditions imposed for grant of bail. Therefore, it is prayed that the applicant be enlarged on regular bail.

3.

Learned State counsel opposes the application and the submission made in this respect.

4.

I have heard the learned counsel for the parties and perused the case diary and the documents placed on record.

5.

As per the prosecution case, on the date of incident on search being made by the police personnel of Police Station - Bemetara, 1.800 Kg. of Ganja was found in the possession of this applicant, which was seized and thereafter, the case was registered against him. 6.

Considered the submissions made and the contents of the case diary. Considering the material present in the case diary and also considering the fact that the applicant is local resident of District Bemetara, whose appearance before the trial Court shall not be compromised, he is in jail since 24.11.2017, hence for this reason, this Court is of the opinion that present is a fit case, in which, the applicant should be enlarged on regular bail.

7.

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

8.

It is directed that the applicant shall be released on bail on 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.

9.

Certified copy as per rules.

Sd/- (Rajendra Chandra Singh Samant) Judge Balram