High Court Of ChhattisgarhMCRC/3894/2018allowed

Manharan Sahu v. State Of Chhattisgarh

2018-06-26Hon'Ble Shri Justice Ram Prasanna Sharma2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3894 of 2018 • Manharan Sahu s/o Late Gainduram Sahu, aged about 55 years, R/o Tumdipar, Police Station Parpodi, District Bemetara (CG) ---- Applicant

Versus

• State Of Chhattisgarh Through Station House Officer, Police of Police Station Parpodi, District Bemetara (CG) ---- Respondent --------------------------------------------------------------------------------- For the applicant : Mr. Anil Gulati, Advocate.

For the respondent/State: Mr.Sameer Behar, Panel Lawyer --------------------------------------------------------------------------------- Hon'ble Shri Justice Ram Prasanna Sharma Order on Board 26-6-2018.

1. This is first bail application filed under Section 439 of the Cr.P.C. for grant of regular bail to the applicant, who has been arrested in connection with Crime No. 38 of 2018 registered at Police Station Parpodi, District Bemetara (CG), for the offence punishable under Section 20 (B) of the Narcotic Drugs and Psychotropic Substances Act, 1985.

2. As per the case of prosecution, the applicant was found in illicit possession of 1 kg and 100 gm of Ganja in his house at village Tumdipar.

3. Learned counsel appearing for the applicant would submit that the quantity of Ganja alleged to be seized from the possession of the applicant is closed to small quantity as the small quantity is 1 kg. He submits that the applicant is in jail since 6.5.2018 and trial will take some, therefore, the applicant may be released on bail.

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

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

6. Considering the small quantity of Ganja seized from the possession of the applicant, which is closed to small quantity, the applicant is in jail since 6.5.2018 and trial will take some time, I am of the opinion that present is a fit case to release the applicant on bail.

7. Accordingly, the bail application filed under Section 439 of the Cr.P.C. is allowed and it is directed that the applicant shall be released on bail on his furnishing a personal bond in the sum of Rs.20,000/- with one local surety in the like amount to the satisfaction of the concerned trial Court. He shall appear before the trial Court regularly on each and every date, unless exempted from appearance.

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