Mohan Shrivas v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.CR.C. No. 5053 of 2021 Mohan Shrivas S/o Tirith Ram Shrivas Aged About 21 Years R/o Present Address Kargikhurd Awaspara, Kargiroad Kota, District Bilaspur, Chhattisgarh, Permanent Address - Village Lachchhanpur, Thana Lormi, District Mungeli, Chhattisgarh.

---- Applicant

Versus

State Of Chhattisgarh Through Police Station Kota, District Bilaspur, Chhattisgarh.

---- Respondent For Applicant : Mr. Vikas Kumar Pandey, Advocate For Respondent/State : Mrs. Smriti Shrivastava, P.L.

Hon'ble Shri Justice Rajendra Chandra Singh Samant Order On Board 19/08/2021 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.395/2021, registered at Police Station - Kota, District - Bilaspur (C.G.) for the offence punishable under Section 20 (B) of Narcotic Drugs Psychotropic Substance Act.

2.

It is submitted by the learned counsel for the applicant that the applicant has been falsely implicated in this case. The applicant is in jail since 30.06.2021. Charge-sheet in this case has been filed. Trial of this case is likely to take sometime. Hence, it is prayed that the applicant may 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 quantity of contraband seized is more than small quantity,

therefore, the application be rejected.

4.

I have heard the learned counsel for both the parties and perused the case diary.

5.

As per the prosecution case, 1.2 Kg. Ganja was seized from the possession of this applicant. Hence, this case. 6.

Considered on the submissions. For the reason that this applicant does not have any criminal antecedent and the trial of the case is likely to take sometime, hence for this reason, this Court is of the opinion that present is a fit case, in which, the applicant should be enlarged on regular bail.

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.

Certified copy as per rules.

Sd/- (Rajendra Chandra Singh Samant) Judge Balram