Kamta Ram Sahu v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3215 of 2018 • Kamta Ram Sahu S/o Bahur Ram Aged About 52 Years R/o Village Banagar, Tahsil Kurud, District- Dhamtari, Chhattisgarh ---- Petitioner

Versus

• State Of Chhattisgarh Through- Station House Officer, Police Kurud, District- Dhamtari, Chhattisgarh ---- Respondent For Applicant Shri S. K. Sahu, Advocate For Respondent-State Shri Ashish Surana, PL Hon'ble Shri Jusice Sanjay K. Agrawal Order On Board 25/06/2018 1.

The applicant has preferred this first bail application under Section 439 of CrPC, as he has been arrested in connection with Crime No.139/2018, registered at Police Station Kurud, District Dhamtari, for the offence punishable under Section 20 (B) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2.

Case of the prosecution, in brief, is that the applicant was found in possession of 2.600 Kg of contraband without authority of law. 3.

Learned counsel for the applicant would submit that the applicant has not committed any offence and he has been falsely implicated in the present case. He is in jail since 20.03.2018 and the charge sheet has already been filed.

4.

On the other hand, learned State counsel would oppose the bail application.

5.

Taking into consideration the facts and circumstances of the case, quantity of contraband slightly more than the small quantity and the fact that the charge sheet has already been filed, this Court is of the opinion that the present is a fit case, in which the applicant should be enlarged on bail. Accordingly, the bail application is allowed and the applicant is directed to be released on bail on his executing a personal bond for a sum of Rs.25,000/- with one surety for the like amount to the satisfaction of the trial Court. He is directed to appear before the trial Court on each and every date given by the said Court.

Sd/- (Sanjay K. Agrawal) Judge Nirala