Ramkishun Sahu v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2941 of 2016 Ramkishun Sahu S/o Shri Jagdev Sahu, Aged About 32 Years, R/o Barbaspur, P.S. Ramanuj Nagar, District Surajpur Chhattisgarh. ---- Applicant

Versus

State of Chhattisgarh Through P.S. Surajpur, District Surajpur Chhattisgarh.

---- Respondent For Applicant :- Mr. Pragalbha Sharma, Advocate For Respondent/ State :- Ms. Sunita Jain, Panel Lawyer Hon'ble Shri Justice Goutam Bhaduri Order On Board 16/06/2016 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 in connection with Crime No. 112/2016 registered at Police Station- Surajpur, District Surajpur (C.G.) for the offence punishable under Sections 20(b) of the NDPS Act. 2.

Case of the prosecution in brief, is that on 06.03.2016, an information received that the applicant was trying to sell the cannabis, while he was coming back on his motorcycle, he was intercepted and from the Dikki of the motorcycle 2 KG cannabis was recovered.

3.

Counsel for the applicant submits that the applicant has been falsely implicated in this case. He further submits that the applicant was not in exclusive possession of the cannabis and the charge sheet has been filed in this case. He further submits that the applicant is in jail since 07.03.2016, therefore, he may be enlarged on bail.

4.

Per contra State counsel opposes the prayer for grant of bail. 5.

Considering the facts and circumstance of the case and taking into the fact that no further investigation and seizure is required in this case. Further taking into the fact that the quantity of seized cannabis and the detention period of the applicant and the fact that the charge-sheet has been filed in this case, this Court is of the opinion, that the present is a fit case, in which, the applicant should be enlarged on regular bail.

6.

Accordingly, the bail application filed under Section 439 of Cr.P.C. is allowed.

7.

It is directed that the applicant shall be released on bail on furnishing a personal bond for a sum of Rs.25,000/- with one surety each in the like sum to the satisfaction of the concerned trial Court, for her appearance as and when directed. Sd/- (Goutam Bhaduri) Judge Santosh