Suraj Deo v. State Of Chhattisgarh
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No.
4 59 of 201 • Suraj Deo, S/o Shri Teju Singh, aged about 42 years, Caste-Khairwar, Resident of Village-Chirkoma, Choki -Ganesh Mod, P.S. Balrampur, District - Balrampur, District -Balrampur- Ramanujganj (C.G.) ---- Applicant
Versus
• State Of Chhattisgarh Through -S.H.O. Balrampur, District -Balrampur- Ramanujanj (C.G.) ---- Non-applicant For Applicant:
Mr. Sunil Tripathi, Advocate.
For Respondent/State:
Mr. Avinash Singh, Panel Lawyer Hon'ble Shri Justice Sanjay K. Agrawal Order On Board /0 2 /201 Heard.
(1) The accused/applicant has moved this bail application under Section 439 of the Code of Criminal Procedure for releasing him on regular bail during trial in connection with Crime No. 160/2015 registered at Police Station Balrampur, District Balrampur, Ramanujganj for the offences punishable under Section 20(B) of the NDPS Act.
(2) Case of the prosecution, in brief, is that the applicant planted five ganja plants in his land adjoining to his house and thereby committed the aforesaid offences.
(3) Counsel for the applicant submits that he has been falsely implicated in the offence in question as he is not the owner of land, in which ganja plants were allegedly planted. He further submits that the applicant is in jail since 15.11.2015; charge sheet has already been filed and, therefore, the applicant may be released on bail.
(4) On the other hand, counsel for the State opposes the bail application.
(5) Taking into consideration the facts & circumstances of the case; further considering the defence of the applicant; his pre trial detention and the charge sheet has already been filed, this court is of the view that it is a fit case to release the applicant on bail. Accordingly, the application is allowed.
(6) Accused/applicant is directed to be released on bail on his executing a personal bond in the sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the trial Court. He is directed to appear before the trial Court on each and every date given to him by the said Court till disposal of the trial. Certified copy, as per rules.
Sd/- (Sanjay K. Agrawal) Judge D/-