Gulshan Nayak v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 4744 of 2016 Gulshan Nayak S/o Sahdev Nayak Aged About 35 Years, Occupation : General Store, R/o Vidya Nagar Behind Of Majzid Ward No. 41, Police Line, Near Petrol Pump Raipur Chhattisgarh ---- Applicant

Versus

State Of Chhattisgarh Through : Station House Officer Police Station : Kotwali Raipur District : Raipur Chhattisgarh ---- Respondent For applicant - Shri C.R. Sahu, Advocate.

For Respondent/State - Shri Vinod Tekam, PL.

Hon'ble Shri Justice Goutam Bhaduri Order 22/08/2016 1.

The applicant has preferred this application for grant of bail as he is arrested in connection with Crime No.52/2016 registered in Police Station Kotwali Raipur District Raipur (C.G.) for offence punishable under section 20 (B) of NDPS Act.

2.

As per the prosecution case, on 9/03/2016 a raid was being conducted and from the possession of the applicant 1 kg 270 gms of cannabis were recovered which was meant for sale. 3.

Learned counsel for the applicant submits that the applicant has been falsely implicated in the case, no seizure has been made in person from the applicant. He submits that charge sheet has been filed, no further investigation is necessary, therefore the applicant may be released on bail.

4.

Learned State counsel opposes the prayer for grant of bail. 5.

Considering the facts and circumstances of the case, taking into fact that charge sheet has been filed and also taking into quantity of cannabis which is 1 kg 270 gms, this court is inclined to release the

applicant on bail.

6.

Accordingly, the bail application is allowed and it is directed that the applicant shall be released on his furnishing personal bond for a sum of Rs.25,000/- with one surety in the like sum to the satisfaction of concerned trial court for his regular appearance before it as and when directed.

Sd/- (Goutam Bhaduri) JUDGE gouri