Nilesh Gatre v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7673 of 2015 Nilesh Gatre, son of late Latif Gatre, Caste Mochi, aged about 20 years, resident of Ward No.11, Gunderdehi, District Balod (C.G). ... Applicant Vs.

State of Chhattisgarh through Station House Officer, Police Station Gunderdehi, Distt. Balod (C.G).

...

Respondent For the applicant :

Mr. B.P. Singh, Advocate.

For the Respondent :

Mr. Neeraj Jain, Panel Lawyer.

Hon'ble Shri Justice Goutam Bhaduri Order on Board 14.01.2016

1. This is an application filed u/s 439 of the Code of Criminal Procedure seeking granting of regular bail to the applicant in connection with Crime No. 357 of 2015 registered at Police station Gunderdehi, Distt. Balod (C.G) for the offences punishable under section 8/20(B) of the Narcotic Durgs and Psychotropic substances Act.

2. As per the prosecution case, on 25.10.2015 the police has received information that the applicant is carrying Cannabis on which a raid/inspection was conducted. While the applicant was on his way, he was apprehended and from his possession 1650 grams of Cannabis was recovered.

3. Learned counsel for the applicant submits that the applicant has been falsely implicated and no offence has been committed and the recovery was not made in person from the applicant. He further submits that the seizure having been made no further enquiry is required, therefore, he may be enlarged on bail.

4. Per contra, learned State Counsel opposes the prayer for grant of bail.

5. Perused the case diary. Having regard to the fact that the seizure has already been made and considering the quantity of cannabis so seized as also the fact that the charge sheet in this case has already been filed and the applicant is stated to be in jail since 25.10.2015, I am inclined to release the applicant on bail.

6. Accordingly, this bail petition is allowed and the applicant is directed to be released on bail on his furnishing a personal bond in sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the trial Court. He shall appear before the trial Court as and when directed by the said Court.

7. Cc as per rules.

Sd/- GOUTAM BHADURI JUDGE Rao