Prabhat Diwakar v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No. 3855 of 2021 Prabhat Diwakar S/o Manharan Diwakar, Aged About 32 Years Caste Satnami, R/o Village Pondi, P.S. Navagarh, District Janjgir Champa Chhattisgarh.

---- Applicant

Versus

State Of Chhattisgarh Through District Magistrate, District Janjgir Champa Chhattisgarh.

---- Respondent For the Applicant :

Shri Ajay Ayachi, Advocate.

For the Respondent/State :

Shri Ajay Kumrani, P.L.

Hon'ble Shri Justice Rajendra Chandra Singh Samant

ORDER

08.07.2021 Heard.

1.

This is the first bail application filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to the applicant who has been arrested in connection with Crime No.136 of 2021, registered at Police Station - Navagarh, District - Janjgir-Champa, Chhattisgarh for the offence punishable under Section 20(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985.

2.

Learned counsel for the applicant submits that he is in jail since 28.3.2021 and has been falsely implicated in this case. After completion of investigation, charge-sheet has been filed. Hence, it is prayed that the applicant be enlarged on bail.

3.

On the other hand, learned counsel for the State opposes the bail application and the submissions made in this respect. 4.

Heard counsel for both the parties and perused the case diary. 5.

8 kg of ganja (narcotic substance) has been seized jointly from the possession of this applicant and the other co-accused. Hence, this case. 6.

Considered on the submissions. As the charge-sheet has been filed before the Court and the case is pending for trial, I feel inclined to grant regular bail to the applicant.

7.

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

8.

It is directed that applicant shall be released on bail on his furnishing a personal bond in the 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. In case any default is committed by the applicant/s in appearing before the concerned trial Court, this order granting bail shall stand cancelled automatically.

Sd/- (Rajendra Chandra Singh Samant) Judge Nimmi