Arti Rajak v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3494 of 2019 • Arti Rajak W/o Ram Rajak Aged About 45 Years R/o Dhobi Chowk, Ramsagar Para, Dhamtari, District- Dhamtari, Chhattisgarh., District : Dhamtari, Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through Station House Officer,police Station City Kotwali, Dhamtari, District- Dhamtari, Chhattisgarh., District : Dhamtari, Chhattisgarh ---- Respondent ----------------------------------------------------------------------------------------- For the applicant : Mr. Anil Gulati, Advocate.

For the respondent/State : Mr. Raghavendra Verma, Govt. Adv.

Hon'ble Shri Justice Ram Prasanna Sharma Order on Board 07-06-2019 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 on 3-5-2019 in connection with Crime No. 192 of 2019 registered at Police Station City Kotwali, Dhamtari, District Dhamtari (CG), for the offence punishable under Section 20(B) of the Narcotic Drugs and Psychotropic Substance Act, 1985.

2.

The case of the prosecution is that on 3-5-2019 on the basis of secret information received by informer through telephonic call, Police party conducted the raid in the house of the applicant and seized 2.200 grams Ganja from the possession of the applicant.

3.

Learned counsel appearing for the applicant would submit that the applicant has been falsely implicated in this case as

no seizure was made in person of the applicant. He would further submit that the alleged seized quantity of Ganja is small quantity and the applicant is in jail since 3-5-2019 therefore, he may be enlarged 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.

Taking into consideration the totality of the circumstances and the fact that the quantity of seized Ganja in this case is only 2.200 grams and the applicant is in jail since 3-5-2019, I am inclined 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.25,000/- 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.

Certified copy as per rules Sd/- (Ram Prasanna Sharma) Vacation Judge Raju