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High Court Of ChhattisgarhMCRC/2514/2016allowed

Arun Kumar Yadaw v. State Of Chhattisgarh

2016-06-01Hon'Ble Shri Justice Manindra Mohan Shrivastava2 pages

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2514 of 2016 Arun Kumar Yadaw S/o Ramprasad Yadaw Aged About 22 Years R/o Village Maldi, Police Station Bilaigarh, Revenue & Civil District Baloda Bazar Bhatapara, Chhattisgarh.

----- Applicant

Versus

State Of Chhattisgarh Through Police Station Bilaigarh, Civil & Revenue District Baloda Bazar, Bhatapara, Chhattisgarh. ----- Non-applicant ----------------------------------------------------------------------------------------------------- Applicant by Mr. Sanjeev Das, Adv.

Non-applicant by Mr. Dhiraj Wankhede, Govt. Adv.

----------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Manindra Mohan Shrivastava Order on Board 1-6-2016 Heard.

The applicant has been arrested on 26-2-2016 in connection with crime No. 58/2016 registered in PS Bilaigarh for offence punishable under Section 20(b) of the Narcotic Drugs and Psychotropic Substances Act. Case of the prosecution is that from the house where the applicant resides, 1.9 kg of Ganja was found and the applicant was apprehended on the allegation of illegal trafficking of Ganja. Learned counsel for the applicant submits that though seizure has been made from the house but the applicant is not involved as he resides in joint family. Ganja was not recovered from the person of the applicant. It is lastly submitted that investigation is complete and charge sheet has already been filed. There are no criminal antecedents of similar offence of the applicant.

On the other hand, learned counsel for the State opposes the prayer for grant of bail.

Taking into consideration the submission, nature of allegation, quantity of Ganja, the applicant is in jail since 26-2-2016, and that there are no criminal antecedents of the applicant of similar offence, the application is

allowed.

It is directed that the applicant shall be released on bail on his furnishing a personal bond in the sum of Rs. 25,000/- with two local sureties each of the like sum to the satisfaction of the concerned trial court for his appearance as and when directed.

Sd/- Manindra Mohan Shrivastava Vacation Judge Pathak