Surendra Sahu v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M. Cr. C. No. 2059 OF 2016 Surendra Sahu S/o Shri Natthu Sahu by Caste Teli aged about 40 years R/o village and Post Korangamal Thana Tumla Tahsil Kunkuri Civil and Revenue District Jashpur C.G. ---Applicant

Versus

State of Chhattisgarh, Through Station House Officer Police Station Tumla District Jashpur C.G.

---Non-applicant For Applicant :

Mr. Sunil Sahu, Advocate For Non-applicant :

Mr. Suvigya Awasthy, P.L.

Hon'ble Shri Justice Sanjay K. Agrawal Order on Board 20/04/2016 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. 92/2015, registered at Police Station Tumla, District Jashpur (C.G.), for the offence punishable under Section 20-B of Narcotic Drugs and Psychotropic Substances Act, 1985. 2.

Case of the prosecution, in brief, is that, 1.300 Kg.

Ganja was seized from the possession of the applicant and thereby the applicant has committed aforesaid offence. 3.

Learned counsel for the applicant would submit that applicant has not committed any offence and has been falsely implicated in this case; and even otherwise it is near to the small quantity prescribed under the law. He would further submit that charge sheet has been filed and applicant is in jail since 24/11/2015, therefore, he may be released on bail. 4.

On the other hand, learned counsel for the State would oppose the bail application.

5.

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

6.

Taking into consideration the facts and circumstances of the case; further taking into consideration the nature and gravity of offence; charge sheet has already been filed; pretrial detention of the applicant; as per provisions contained in the NDPS Act, quantity of Ganja seized from the applicant is small quantity, this Court is of the opinion that present is the 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 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. 9.

Certified copy as per rules.

Sd/- (Sanjay K. Agrawal) Judge Tiwari