High Court Of ChhattisgarhMCRC/6173/2017allowed

Digeshwar v. The State Of Chhattisgarh

2017-11-27Hon'Ble Shri Justice Manindra Mohan Shrivastava2 pages

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6173 of 2017 Digeshwar S/o Keshav Sahu, Aged About 19 Years R/o Village Kharra, Post Kusmi, Tahsil & Police Station Berla, District Bemetara, Chhattisgarh ---- Applicant

Versus

The State Of Chhattisgarh Through The Station House Officer, Police Station Berla, District Bemetara, Chhattisgarh ---- Respondent For Applicant :

Shri P.P. Sahu, Advocate For State :

Shri Avinash Singh, Panel Lawyer S.B. Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 27/11/2017 Heard.

1. The applicant is arrested in connection with Crime No.248 of 2017 registered in Police Station-Berla, District- Bemetara (C.G.) for alleged commission of offence under Section 20 (B) of the NDPS Act.

2. Case of the prosecution, in brief, is that from the possession of the applicant 1.600 kg. of ganja was recovered which he was carrying without any authority or law.

3. Learned counsel for the applicant submits that the applicant has been falsely implicated. No such offence was committed by him. He further submits that the investigation is complete and charge sheet has been filed and there is no previous antecedent, therefore, the applicant may be released on bail.

4. On the other hand, learned counsel for the State has opposed the bail application.

5. Taking into consideration the submissions made by learned counsel for the parties, considering the quantity of ganja alleged to be seized from the applicant and further considering that the investigation is complete, charge

-2sheet has been filed and that there is no previous antecedent, the application is allowed.

6. It is directed that the applicant shall be released on bail on his furnishing a personal bond in the sum of Rs.25,000/- along with one local surety for the like amount to the satisfaction of the concerned trial Court, with following further conditions:

(i) The applicant shall not act in any manner which will be prejudicial to fair and expeditious trial; and (ii) The applicant shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial. Certified copy as per rules.

Sd/--- (Manindra Mohan Shrivastava) Judge Praveen