Ravi Kashyap v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR M.Cr.C. No.3406 of 2018 Ravi Kashyap S/o Shri Rajendra Prasad Kashyap, aged about 28 years, R/o Bramhanpara, Ambikapur, Thana Ambikapur, Civil & Revenue District Surguja (C.G.).

---Applicant

Versus

State of Chhattisgarh, Through the S.H.O. Police Station Ambikapur, - District Surguja (C.G.).

---Respondent For applicant :

Shri Sunil Sahu, Advocate.

For State :

Shri Ashutosh Pandey, Panel Lawyer.

Hon'ble Shri Justice P. Sam Koshy Order on Board 02/07/2018 1.

The applicant has preferred this bail application under Section 439 of Cr.P.C. in connection with Crime No.56/2018 registered at Police Station Ambikapur, District Surguja (C.G.) for the offence punishable under Section 21-B of NDPS Act.

2.

Present applicant is in jail since 25/01/2018. 3.

The allegation against the present applicant as per the prosecution case is that, the present applicant on the date of incident i.e. on 25/01/2018 was found in possession of 2.86 grams of Brown Sugar. 4.

The counsel for the applicant submits that, the quantity of contraband seized from the possession of the present applicant is a small quantity and the maximum sentence which could be awarded to him is that of 6 months

out of which he has already remained in custody for a period of more than 5 months and thus prayed for releasing the applicant on bail. 5.

The aforesaid facts are not disputed by the State counsel. 6.

Given the facts and circumstances of the case particularly taking into consideration the period of custody undergone by the present applicant, this Court is of the opinion that, prima-facie, a strong case has been made out for grant of bail to the present applicant.

7.

Accordingly, the application for grant of bail is allowed. It is ordered that the applicant shall be released on bail on his executing 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. The applicant shall thereafter appear before the Trial Court on each and every date given by the said court. Sd/- (P. Sam Koshy) Sumit JUDGE