High Court Of ChhattisgarhMCRC/7602/2017allowed

Somaru Poyami v. State Of Chhattisgarh

2018-01-30Hon'Ble Shri Justice Rajendra Chandra Singh Samant2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C No. 7602 of 2017 • Somaru Poyami S/o Guddi Poyami Aged About 28 Years R/o Village Kelaur Para Dokarichua P. S. Darbha District Bastar Chhattisgarh, Chhattisgarh.

---- Applicant

Versus

• State Of Chhattisgarh Through The Police Station Kodenar, District Bastar Chhattisgarh, Chhattisgarh.

---- Respondent For the applicant : Shri P. K. Tulsyan, Advocate For the Respondent/State :

Shri Ashok Swarnakar, PL.

Hon'ble Shri Justice Rajendra Chandra Singh Samant Order on Board 30.01.2018.

1. This is the first bail application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicant, who has been arrested in connection with Crime No. 22/2017, registered at Police Station - Kodenar, District - Bastar, (C.G), for the offence under Section 22- b of Narcotic Drugs and Psychotropic Substances Act, 1985.

2. Learned counsel for the applicant submits that the applicant has falsely been implicated in this case and he is in jail since 07.04.2017. The applicant is a local resident of District - Bastar, the trial is not yet completed and he is ready to abide by the conditions which may be imposed upon him while granting bail, hence, the applicant prays for grant of bail.

3. Learned counsel for the State opposes the bail application and submissions made.

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

5. On the basis of information received, the police personnel searched the shop of the present applicant and seized 2 kg ganja from the possession of this applicant and the case has been registered against him.

6. Considering the submissions made and contents of the case diary and further considering the fact, that the applicant is a local resident and he is in jail since 07.04.2017, there is no criminal history against him and the trial is not yet completed, therefore, this Court is of the opinion that this is a fit case where the applicant is entitled for grant of bail.

7. Accordingly, the bail application filed under Section 439 of Cr.P.C. is allowed. It is directed that the applicant shall be released on bail on his furnishing a personal bond for a 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.

Sd /- (Rajendra Chandra Singh Samant) Judge Jamal