Faguram Chauhan v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3184 of 2018 Abhishek Singh Rajput S/o S/o Late Dilip Singh Rajput, Aged About 19 Years R/o Village- Kaidimuda Jutmil, Raigarh, District Raigarh, Chhattisgarh. --- Petitioner

Versus

State of Chhattisgarh through Station House Officer, Police StationKotwali, Korba, District- Korba, Chhattisgarh. --- Respondent For the applicant : Mr. Dharmesh Shrivastava, Adv.

For the Respondent : Mr. Suryakant Mishra, Panel Lawyer MCRC No. 3709 of 2018 Faguram Chauhan S/o Punau Ram Chauhan Aged About 52 Years R/o- Achambha Devi Pahadi, Bypass Road Korba, District- Korba, Chhattisgarh. --- Petitioner

Versus

State of Chhattisgarh through- Police Station Kotwali, Korba, DistrictKorba, Chhattisgarh. --- Respondent For the applicant :

Mr. Mirza Kaiser Baeg, Advocate.

For the Respondent :

Mr. Suryakant Mishra, Panel Lawyer Hon'ble Shri Justice Goutam Bhaduri Order on Board .07.2018

1. This is first bail application filed under Section 439 of the Code of Criminal Procedure seeking grant of regular bail to the applicants in connection with Crime No.92/2018 registered at Police Station Kotwali, Korba, Distt. Korba (C.G) for the offences punishable under Sections 20-B of the Narcotic Drugs and Psychotropic Substances Act. Since both these applications are relating to the same crime number, they are decided together.

2. As per the prosecution case, on 14.02.2018 while the

applicants were travelling on a motorcycle bearing Regn. No. OR/15-J/8358 from Ratakhar to Raigarh, the said vehicle was intercepted and they were apprehended with 8 Kgs., of cannabis. It is alleged that 5 Kgs., of Ganja was recovered from applicant Abhishek Singh and 3 Kgs., were recovered from applicant Fagram Chauhan.

3. Learned counsel for the applicant submits that the applicants have been falsely implicated in this case and there is no compliance of section 50 of the N.D.P.S. Act. He further submits that the charge sheet has been filed, no further investigation is necessary and the applicants are in jail since 14.02.2018, therefore, they may be enlarged on bail.

4. Per contra, learned State Counsel opposes the bail application.

5. Considering the quantity of Ganja so seized from the applicants as also the fact that the charge sheet has been filed, no further investigation is necessary and the applicants are in jail since 14.02.2018, I am inclined to release the applicants on bail.

6. Accordingly, the bail applications are allowed and the applicants are directed to be released on bail on each of them executing a personal bond in sum of Rs.25,000/- with one surety each in the like sum to the satisfaction of the concerned trial Court for their appearance before the said Court as and when directed.

CC as per rules.

Sd/- GOUTAM BHADURI JUDGE R a o