High Court Of ChhattisgarhMCRC/3203/2021allowed

Roshan @ Golu Tandi v. State Of Chhattisgarh

2021-06-02Hon'Ble Smt. Justice Rajani Dubey2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3203 of 2021 • Roshan @ Golu Tandi S/o Shri Dhan Singh Tandi Aged About 29 Years R/o Budhapara, Behind Hanuman Mandir, Police Station Kotwali, District (Revenue And Civil) Raipur Chhattisgarh., District : Raipur, Chhattisgarh ---- Petitioner

Versus

• State Of Chhattisgarh Through Station House Officer, Police Station Dharsinva, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh ---- Respondent For Applicant : Ms. Richa Pandey, Advocate For Respondent /State : Shri Vikram Sharma, Dy.GA Hon'ble Smt. Justice Rajani Dubey Order On Board By Virtual Hearing 02/06/2021 The applicant has filed this application under Section 439 of the Code of Criminal Procedure for grant of regular bail as he is in custody in connection with Crime No.200/2021 registered at police station Dharsiva, District Raipur (CG) for the offence punishable under Section 20(B) of the Narcotics Drugs and Psychotropic Substances Act.

As per prosecution case, on receiving secret information, the police reached the spot and seized 9 kgs. And 700 grams of ganja from the possession of the applicant.

Counsel for the applicant submits that the applicant has been falsely implicated in the case and the mandatory provisions of NDPS Act have not been complied with. He submits that the applicant is in jail since 06.04.2021 and looking to the conduct of the prosecution it is clear that the trial will take time for its conclusion. On the other hand counsel for the State opposes the bail application.

Having heard counsel for the parties, considered the totality of the fact, in particular the detention period of the applicant, I am inclined to release him on regular bail. Accordingly, his application filed under Section 439 of the Code of Criminal Procedure is allowed. It is directed that in the event of the applicant's furnishing a personal bond in the sum of Rs. 50,000/- with one surety for the like sum to the satisfaction of the concerned Court, he shall be released on bail.

Sd/- (Rajani Dubey) Vacation Judge suguna