Sheikh Tabrez v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No. 3399 of 2018 Sheikh Tabrez S/o Late Sheikh Maula Ali Aged About 32 Years R/oGandhinagar Murrabhatthi, Police Station- Gudhiyari, District- Raipur, Chhattisgarh., District : Raipur, Chhattisgarh. ---- Applicant

Versus

State Of Chhattisgarh Through- S.H.O. Police Station- Police StationGudhiyari, District- Raipur, Chhattisgarh., District : Raipur, Chhattisgarh. ---- Respondent For the Applicant :

Smt. Indira Tripathi, Advocate.

For the Respondent/State :

Shri Neeraj Mehta, P.L.

Hon'ble Shri Justice Rajendra Chandra Singh Samant

ORDER

19.06.2018 Heard.

1.

This is the first bail application filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 99 of 2018, registered at Police Station Gudhiyari, District Raipur, Chhattisgarh for the offence punishable under Section 20(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985.

2.

Learned counsel for the applicant submits that the applicant is in jail since 18.03.2018 and has been falsely implicated in this case. After completion of investigation, the charge-sheet has been filed. No case is made out against the applicants on the basis of the material placed before the Court by the prosecution. Hence, it is prayed that the applicant be enlarged on bail.

3.

On the other hand, learned counsel for the State opposes the bail application and the submissions made in this respect. 4.

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

On the date of incident, on a search made by the police personnel of P.S. Gudhiyari, District Raipur, 10 kg of ganja was recovered from the applicant. Hence, this case.

6.

Considering the material present in the case-diary as the case is presently before the trial Court and the applicant is a local resident of District Raipur and there shall be no difficulty in his availability during trial and the trial of the case is likely to take some time for its final disposal, the application deserves to be allowed.

7.

Accordingly, the bail application filed under Section 439 of the Cr.P.C. is allowed.

8.

It is directed that applicant shall be released on bail on his furnishing a personal bond in the 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 Nimmi