Santosh Goda v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No. 4757 of 2021 Santosh Goda S/o Panchanan Aged About 21 Years R/o Village Changodipura, Near Chota Hanuman Mandir District Ganjam Odisha. ---- Applicant

Versus

State Of Chhattisgarh Through House Officer, Police Station GRP Bhilai, District Durg Chhattisgarh.

---- Respondent For the Applicant :

Shri Aman Pandey, Advocate.

For the Respondent/State :

Ms. Shivali Dubey, P.L.

Hon'ble Shri Justice Rajendra Chandra Singh Samant

ORDER

13.08.2021 Heard.

1.

This is the second bail application of the applicant. The first bail application of the applicant was dismissed for non-prosecution on 24.6.2021 in M.Cr.C. No.1571 of 2021. The applicant has been arrested in connection with Crime No.73 of 2020, registered at Police Station - GRP Bhilai, District - Durg, 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 4.11.2020 and has been falsely implicated in this case. The chargesheet has been filed. 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. It is submitted that the applicant is resident of Odisha, hence, if he is released on bail, it would become difficult to secure his presence before the Court. Hence, the applicant is not entitled for grant of bail.

4.

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

According to the prosecution case, 10 kg of ganja (narcotic substance) was seized from the possession of this applicant. Hence, this case. 6.

Considered on the submissions. The applicant does not have any criminal antecedents and the conclusion of the trial is likely to take sometime for its final disposal, I feel inclined to grant regular bail to the applicant. 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. In case any default is committed by the applicant/s in appearing before the concerned trial Court, this order granting bail shall stand cancelled automatically.

Sd/- (Rajendra Chandra Singh Samant) Judge Nimmi