High Court Of ChhattisgarhMCRC/1330/2016allowed

Kehar Singh v. State Of Chhattisgarh

2016-03-16Hon'Ble Shri Justice Sanjay K. Agrawal2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No.

of 201 Kehar Singh, S/o Tara Singh by caste : Sikkh, aged about 58 years, R/o near Doctor Sakre Poultry form Tatibandh, Police Station: Aamanaka, District Raipur (C.G.) ---- Applicant

Versus

State Of Chhattisgarh: Through Excise Sub Inspector, Excise Circle, Tatibandh Gudhiyari, District : Raipur (C.G.) -----Non-applicant For Applicant:

Mr. C.K. Sahu, Advocate.

For Non-applicant/State:Mr. Aditya Sharma, Panel Lawyer. Hon'ble Shri Justice Sanjay K. Agrawal Order on Board /0 3 /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. 513/2016 registered at Police Station Excise Circle, Tatibandh, Gudhiyarai, District Raipur for the offences punishable under Section 15(B) of NDPS Act.

(2) Case of the prosecution in brief is that the applicant was found in possession of 3 kgs. of narcotic drugs unauthorizedly and thereby committed the aforesaid offences. (3) Counsel for the applicant submits that applicant has been falsely implicated in the offence in question as he has not committed any offence. He further submits that the applicant is in jail since 9.1.2016 and the charge sheet has already been filed

and, therefore, the applicant may be released on bail. (4) Taking into consideration the facts & circumstances of the case; considering the quantity of narcotice drugs and keeping in view the punishment of 10 years prescribed under Section 15(B) of NDPS Act; this Court is of the view that it is a fit case to release the applicant on bail. Accordingly, the bail application is allowed.

(6) Accused/applicant - Kehar Singh 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.

Sd/- (Sanjay K. Agrawal) Judge D/-