Darasingh Jolhe v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.CR.C. No. 3409 of 2019 Darasingh Jolhe, S/o. Mahesh Jolhe, Aged About 35 Years, R/o. Banjari, Police Station Sarangarh, District Raigarh Chhattisgarh. ---- Applicant

Versus

State Of Chhattisgarh Through Station House Officer, Police Station Dongaripali, District Raigarh Chhattisgarh.

---- Respondent For Applicant : Mrs. Sunita Sahu, Advocate For Respondent/State : Mr. Shubhash Yadav, Dy.G.A.

Hon'ble Shri Justice Rajendra Chandra Singh Samant Order On Board 03/07/2019 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.16/2019, registered at Police Station - Dongripali, District - Raigarh (C.G.) for the offence punishable under Section 20 (B) of the N.D.P.S. 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 27.04.2019. The applicant is local resident of District Raigarh. Charge-sheet in this case has been filed after completion of investigation. Therefore, it is prayed that the applicant be granted regular 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 the applicant was found in possession of Ganja which was more than small quantity and lesser than commercial quantity, therefore, he is not entitled for grant of bail.

4.

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

5.

5.5 Kg Ganja was seized from the possession of this applicant by the police personnel of police station - Dongripali, District - Raigarh. Hence, this case.

6.

Considered on the submissions made and the contents of the case diary. Considering the fact that trial of the case is likely to take sometime and the applicant is local resident of this State and he is in jail since 27.04.2019, 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