Narayan Yadav v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3187 of 2016 • Narayan Yadav S/O Pito Yadav Aged About 30 Years By Caste - Mahkul, R/O Kadro (Fittingpara), Thana - Bagbahar, Distt. Jashpur Chhattisgarh.

---- Applicant

Versus

• State Of Chhattisgarh Through, Station House Officer, Police Station Bagbahar, Distt. Jashpur Chhattisgarh. ---- Respondent -------------------------------------------------------------------------------------------------- For Applicant :

Ms. Pritha Goshal, Advocate For Respondent/State :

Mr. Lav Sharma, Panel Lawyer -------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Goutam Bhaduri Order on Board 29.06.2016 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 on 22-3-2016 in connection with Crime No.43 of 2015, registered at Police Station Bagbahar, District Jashpur (CG) for the offence punishable under Sections 20-B of the Narcotic Drugs and Psychotropic Substances Act, 1985.

2.

As per prosecution case, on 22-3-2016 at about 18.30 pm on information being received that the applicant is in possession of cannabis weighing 5kg and 200 grams for the purpose of selling, a raid was made and the aforesaid cannabis were recovered from the possession of the applicant.

3.

Learned counsel for the applicant would submit that the applicant has not committed any offence and has been falsely implicated in the case. He further submits that neither the applicant was in possession of cannabis nor the same was found in his premises, charge-sheet has been filed, the applicant is in jail since 22-3-2016

and no further investigation is necessary, therefore, he may be released on bail.

4.

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

5.

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

6.

Taking into consideration the facts and circumstances of the case, and looking to the huge quantity of cannabis which were recovered from the applicant, I am not inclined to release the applicant on bail.

7.

Accordingly, the bail application filed under Section 439 of the Cr.P.C. is liable to be and is hereby dismissed. Sd/- (Goutam Bhaduri) Judge Raju