High Court Of ChhattisgarhMCRC/4354/2018allowed

Chhotelal Domar v. State Of Chhattisgarh

2018-07-02Hon'Ble Shri Justice Goutam Bhaduri2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 4354 of 2018 • Chhotelal Domar S/o Dewa Domar Aged About 54 Years R/o Fertilizer Basti, Police Station Darri, District Korba Chhattisgarh ---- Applicant

Versus

• State of Chhattisgarh Through : Station House Officer, Police of Police Station Darri District Korba Chhattisgarh ---- Respondent For Applicant :

Shri Anil Gulati, Advocate For Respondent/State :

Shri SRJ Jaiswal, PL for the State Hon'ble Shri Justice Goutam Bhaduri Order On Board 02/07/2018

1. This is the First Bail Application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicant who has been arrested on 05.04.2018 in connection with Crime No. 85/2018 registered at Police Station Darri, District - Korba (CG) for the offence punishable under Section 20 (B) of Narcotic Drugs and Psychotropic Substances Act.

2. As per the prosecution case, on 05.04.2018 on a raid being conducted and from the possession of the present applicant 1.500 KG of the cannabis was seized. Thereby the offence has been committed.

3. Learned counsel for the applicant submits that the charge-sheet in this case has been filed and no further investigation is necessary and the seizure was not made in person from the present applicant, therefore, the applicant may be released on bail.

4. Per contra, learned State counsel opposes the prayer for grant of bail.

5. Considering the entire facts & circumstances of the case and also taking into that the charge-sheet in this case has been filed and the applicant is in jail since 05.04.2018 and especially considering the quantity of the cannabis so seized, I am inclined to release the applicant on bail.

6. Accordingly, the application is allowed and the applicant is directed to be released on bail on his executing a personal bond in 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 by the said Court.

Sd/- Goutam Bhaduri Judge Ashu