Ganpat Bharti & ANR. v. State Of Chhattisgarh

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2845 of 2018

1. Ganpat Bharti S/o Shri Chovaram Bharti, Aged About 23 Years, R/oVillage-Chrouda, P.S.- Fingeshwar, District- Gariyaband, Chhattisgarh., District : Gariyabandh, Chhattisgarh

2. Deepak Banjare S/o Shri Sudhuram Banjare, Aged About 25 Years, R/oVillage-Chrouda, P.S.- Fingeshwar, District- Gariyaband, Chhattisgarh., District : Gariyabandh, Chhattisgarh ---- Applicants

Versus

• State Of Chhattisgarh Through- P.S.- Chura, District- Gariyaband, Chhattisgarh., District : Gariyabandh, Chhattisgarh ----Non-applicant For Applicants - Ms. Arpana Singh, Advocate.

For Non-applicant/State - Mr. Anant Bajpai, Panel Lawyer. Hon'ble Shri Justice Rajendra Chandra Singh Samant Order on Board 26-06-2018 1.

Heard on the application filed under Section 439 of the Cr.P.C. This is first bail application before this Court filed by the applicants for grant of regular bail. The applicants have been arrested on 27-03-2018 in connection with Crime No.34/2018 registered at P.S. - Chura, District - Gariyaband, Chhattisgarh for the offence under Section 20(B) of N.D.P.S. Act. 2.

It is submitted on behalf of the applicants that the applicants have been falsely implicated in this case. They are in custody since 27-03-2018. Charge sheet has been filed after completion of investigation. The applicants are local residents of District Gariyaband. Hence, it is prayed that the applicants may be released on regular bail.

3.

Learned counsel for the State/non-applicant opposes the application. 4.

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

On search made by police personnel of P.S. Chura, Distt. Gariyaband, 5 kg. Ganja was recovered and seized from the joint possession of both the

-2applicants while they were traveling on a motorcycle. Hence, this case. 6.

Considered on the material present in the case diary and the fact that the applicants are local residents of District Gariyaband, I am of this view that the application filed by the applicants for grant of regular bail deserves to be allowed.

7.

Consequently, this application filed by the applicants under Section 439 of the Cr.P.C. for grant of regular bail is hereby allowed. It is directed that the applicants shall be released on bail on each of them furnishing a personal bond in the sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned Court, for their appearance as and when directed. 8.

Certified copy as per rules.

Sd/- (Rajendra Chandra Singh Samant) Judge Aadil