High Court Of ChhattisgarhMCRC/3853/2018allowed

Vijay Gupta v. State Of Chhattisgarh

2018-05-30Hon'Ble Shri Justice Manindra Mohan Shrivastava2 pages

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3853 of 2018 Vijay Gupta S/o Rameshwar Gupta, Aged About 46 Years R/o Durti, Police Station Pratappur, District- Surajpur, Chhattisgarh. ---- Applicant

Versus

State Of Chhattisgarh Through Police Station Jhilmili, DistrictSurajpur, Chhattisgarh. ----Non-applicant For Applicant :

None For State :

Mr. Prasun Bhaduri, G.A.

Hon'ble Shri Justice Manindra Mohan Shrivastava Order on Board 30/05/2018

1. This is an application filed under Section 439 Cr.P.C. for grant of bail to the applicant, who has been arrested in connection with Crime No. 20/2018 registered at Police Station Jhilmili, District Surajpur, Chhattisgarh for the offence punishable under Sections 20(b) of NDPS Act.

2. The present applicant is in jail since 07.02.2018 in connection with the aforesaid Crime number.

3. The case of the prosecution is that the applicant was driving a motorcycle which was intercepted and from two other persons sitting in the vehicle, Ganja was recovered.

4. Diary perused.

5. The State counsel submits that as other co-accused persons who were traveling along with applicant Vijay Gupta were found carrying Ganja, the application may be rejected.

6. Taking into consideration the submissions of the learned counsel for the State and after perusal of the case diary and also taking into consideration that this Court has granted bail to co-accused Dashrath Raj Rajwade and the allegation against the applicant is that he was driving the motorcycle, investigation is complete, charge sheet has been filed and the applicant Vijay Gupta is in jail since 07.02.2018, this Court is of the opinion that prima facie a fit case has been made out for grant of bail to the applicant. Accordingly, the present application for grant of bail is allowed.

7. 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 in the like sum to the satisfaction of the concerned Court for his appearance before the said Court as and when directed. Sd/- (Manindra Mohan Shrivastava) VACATION JUDGE Ved